An Advertising agency’s use of the words “Swing SwingSwing” in a golf club commercial is descriptive anddoes not violate the rights of a record company thatowned a song inspiring the commercial, a federal judgehas ruled.

Even though defendantSpalding Sports Worldwide embarked on an ad campaignmotivated by the Louis Prima classic “Sing Sing Sing(With a Swing),” the ads did not use the actual songowned by EMI Catalogue Partnership, and are thereforeconsidered fair use, said Southern District JudgeRobert W. Sweet.

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