Blog

Firm Client Prevails in Copyright Infringement Trial Against H&M

Los Angeles, CA – After deliberating late into the night on Thursday, the jurors in the hotly contested copyright infringement trial between Unicolors and H&M reached a verdict. The unanimous verdict held that H&M had committed willful infringement and was liable for $846,720 in damages.

Unicolors, a local design studio, represented by Doniger / Burroughs, established at trial that H&M had infringed its copyrights when H&M marketed and sold jackets and skirts bearing an unlawful copy of Unicolors’ original artwork. And Unicolors proved that H&M’s infringement was willful because H&M knew that its sales were infringing and was reckless and willfully blind to Unicolors’ rights. Unicolors also established that H&M ignored Unicolors’ claims and continued to sell the infringing product for months after notice of the infringement was provided.

H&M denied that it committed infringement, denied that the works of art at issue were substantially similar, denied that Unicolors’ artwork was protectable, and denied that its conduct was willful or reckless. And H&M claimed that the artwork on its garments was created by an individual in China. H&M’s counsel, in her statements to the jury, argued that H&M, a 15,000-person company, had done nothing wrong and was being “bullied” by local design company Unicolors.

The jury, after deliberation, found in favor of Unicolors on all claims. The jury rejected every defense offered by H&M and found that H&M willfully infringed Unicolors’ rights in its artwork. It then found H&M must pay to Unicolors $846,720 in damages.

Unicolors had offered to resolve the case for $790,000.00 before trial. H&M rejected the proposal and failed to make any offer in response. Unicolors will now file its post-trial motion for costs and attorneys’ fees.

Unicolors was represented at trial by Doniger / Burroughs partners Stephen M. Doniger, Esq. and Scott Alan Burroughs, Esq.

H&M was represented at trial by Nixon Peabody partner Staci Riordan, Esq. and counsel Aaron Brian, Esq.

For further information, please email info@donigerlawfirm.com.

Posted by admin  |  Comments Off on Firm Client Prevails in Copyright Infringement Trial Against H&M  |  in Blogroll

Doniger / Burroughs Files “Let it Go” Copyright Infringement Lawsuit Against Disney and Others

Venice, CA – The Doniger / Burroughs law firm has filed a complaint on behalf of musician Jaime Ciero against The Walt Disney Co. and others for the misappropriation and copying of Ciero’s original song, “Volar,” which was released to great acclaim and broadcast around the word in the late aughts. The complaint alleges that “Volar” was copied by Disney and its cohorts to create the song “Let it Go,” which is the primary musical component of the animated film Frozen. The case is currently pending in the Central District of the United States Court.

Mr. Ciero is represented by Scott Alan Burroughs, Esq. and David R. Shein, Esq.

For further information, contact Grace Garcia at (310) 590-1820 or info@donigerlawfirm.com.

Posted by admin  |  Comments Off on Doniger / Burroughs Files “Let it Go” Copyright Infringement Lawsuit Against Disney and Others  |  in Blogroll

Doniger / Burroughs Files Trademark Action against H&M on behalf of Classixx

Venice, CA – Stereogum, Pitchfork, and The Fashion law have the details:

https://www.stereogum.com/1968291/classixx-sues-hm-over-classixx-tops/wheres-the-beef/

https://pitchfork.com/news/classixx-sue-handm-for-trademark-infringement/

http://www.thefashionlaw.com/home/hm-denies-knowing-dj-duo-despite-playing-their-music-in-its-stores

Posted by admin  |  Comments Off on Doniger / Burroughs Files Trademark Action against H&M on behalf of Classixx  |  in Blogroll
  • About the Firm

    Doniger / Burroughs is California’s premier fashion, art, entertainment, and technology law boutique. The firm has resolved more than 1,000 disputes over the almost 20 years it has been in existence, and has represented all manner of individuals and businesses in the creative industries. Its lawyers have extensive state and federal court experience, and hail from well-regarded law schools. The firm has been on the forefront of cutting-edge copyright law, appearing often before judges, juries, and the Courts of Appeal. It has tried more copyright infringement cases than virtually any other firm over the last 5-10 years, and has obtained for its clients numerous six- and seven-figure verdicts and settlements.

    The firm is committed to representing artists and content creators, and enforcing intellectual property rights. It has litigated successfully against many of the nation’s largest retailers, film and television studios, web sites, and news organizations. Its partners speak and write often on art and copyright law issues, and devote significant time and resources to ensuring a level playing field for those responsible for the creation of art and content.