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Archive for 27. January 2011

Law360 Reports on Doniger / Burroughs Triumph at the 9th Circuit

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

Doniger / Burroughs Prevails at 9th Circuit - Update

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.  

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