You are currently browsing the DONIGER / BURROUGHS PRESENTS: CONTENT CLASH - FASHION, ENTERTAINMENT, & ART LAW weblog archives for the day 27. January 2011.
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- 27. April 2012: Doniger / Burroughs Prevails on Summary Judgment in Fashion Industry Case against Urban Outfitters
- 13. April 2012: News Outlets Report on Doniger / Burroughs Victory at the 9th Circuit Court of Appeals - Fashion / Copyright Law
- 10. April 2012: Doniger / Burroughs Obtains Massive 9th Circuit Victory - Copyright Law and Litigation
- 3. April 2012: Doniger / Burroughs Partner Scott Burroughs Selected to Edit and Curate Design Blog
- 28. March 2012: Doniger / Burroughs Prevails on Summary Judgment in Hotly-Contested New York Copyright Infringement Case
- 23. March 2012: Intellectual Property Blog reports on Doniger / Burroughs Copyright & Trademark Case - Jewelry Designs
- 20. March 2012: Doniger / Burroughs Wins Substantial Fee Award in a Fashion and Copyright Case
- 16. January 2012: Doniger / Burroughs Prevails Again at the 9th Circuit Court of Appeals
- 10. November 2011: Doniger / Burroughs Obtains $1,100,000.00 Settlement on Behalf of Star Fabrics, Inc. Just Moments Before Trial
- 22. October 2011: Doniger / Burroughs to Represent Photographer Peter Benke in Copyright Dispute with The Andaz Hotel and Others
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Archive for 27. January 2011
Law360 Reports on Doniger / Burroughs Triumph at the 9th Circuit
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
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Doniger / Burroughs Prevails at 9th Circuit - Update
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.
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