27. January 2011 by admin.

The reportage describes the facts underlying the dispute and the Court’s ruling, and includes a quote by Scott A. Burroughs on the impact of the opinion:

“The ruling is a great success for copyright holders everywhere,” said Scott A. Burroughs of Doniger/Burroughs APC, who represents United. “It makes it very clear to a party that has been alleged to have violated a copyright that it is not able to evade responsibility by pointing out technical defect in the registration.”

You can view the article here (subscription req’d.):

http://www.law360.com/appellate/articles/222264/9th-circ-revives-macy-s-copyright-suit-over-fabric

Posted in Uncategorized | No Comments »

27. January 2011 by admin.

Culver City, CA – On January 26, 2011, the 9th Circuit issued its ruling in the closely-watched appellate matter entitled United Fabrics International, Inc. v. C&J Wear, Inc.; et al. 09-56499. In that case, textile and design company United Fabrics International, Inc. alleged that Macy’s, Inc. was selling garments that bore a fabric design that infringed a United Fabrics design copyright. United Fabrics also alleged that garments were created from fabric imported from Korea by Lucky Kim International, Inc.

The lower court dismissed the case on the grounds that the copyright registration for the United Fabrics design was invalid. The 9th Circuit, in a clear and unequivocal opinion, rejected this basis, and reversed the lower court’s ruling. In doing so, it confirmed that a copyright registration holder is entitled to a presumption of validity for its registration, and an alleged infringer must produce substantive evidence to rebut the presumption.

The 9th Circuit found that Macy’s failed to produce any such evidence and noted that it was “skeptical” of Macy’s’ attorney’s understanding of the particular copyright law at issue. In the end, it adopted the legal arguments made by United Fabrics and overturned the lower court’s ruling.

This opinion is a resounding victory for artists, designers, creative industry professionals, and copyright holders nationwide.

Scott A. Burroughs and Stephen M. Doniger of Doniger / Burroughs APC represented United Fabrics International. Scott Shaw, Mark Eisenhut, and Melinda Evans of Call & Jensen, P.C. represented Macy’s, Inc.  

FOR A COPY OF THE OPINION AND/OR FURTHER INFORMATION:
Contact Scott A. Burroughs at (310) 590-1820 or scott@donigerlawfirm.com.  

Posted in Uncategorized | 1 Comment »

26. January 2011 by admin.

Court’s ruling in favor of Doniger / Burroughs client can be read here:  9th Circuit Opinion

Posted in Uncategorized | No Comments »

7. January 2011 by admin.

United Kingdom - The Oxford Journals, published by the Oxford University Press, which is the largest university press in the world, has reported on a victory by Doniger / Burroughs partner Scott Burroughs in a case involving retailer Forever 21.

http://jiplp.oxfordjournals.org/content/5/3/139.full?keytype=ref&ijkey=1p8fcTTBmgzuAuD

At issue was the question of what constitutes creative originality sufficient to be deserving of copyright protection. The Court rejected the arguments of Forever 21, and adopted those advanced by Mr. Burroughs, finding that the design at issue was sufficiently original. The Court then allowed Mr. Burroughs the opportunity to amend the complaint to more fully elucidate and plead the originality of the design, and allowed the case to proceed.

Posted in Uncategorized | No Comments »

6. January 2011 by admin.

Los Angeles, CA - In December, 2010, a team of Doniger / Burroughs attorneys, led by partner Scott Burroughs, obtained a convincing jury verdict on behalf of firm client, L.A. Printex Industries, Inc.

In a case involving an alleged license to use a copyrighted textile design, importation of garments from China, sales by a national retail store, and claims of copyright infringement, the jury was persuaded by the the presentation given by Mr. Burroughs, and returned a powerful verdict awarding L.A. Printex significant statutory damages. This amount, $150,000.00, is the maximum amount that the jury could have awarded under the Copyright Act.

Pursuant to the Copyright Act’s provision allowing the recovery of attorneys’ fees, a motion for attorneys’ fees was then filed by Doniger / Burroughs. The case resolved amicably soon thereafter.

If you have questions or wish to provide media coverage regarding this matter, please contact Ann Grozman at (310) 590-1820 to schedule an interview.

Posted in Uncategorized | No Comments »