CONTENT CLASH - FASHION, ART & COPYRIGHT

Ninth Circuit Guts Big Mattel BRATZ Victory

admin — Tue, 03 Aug 2010 19:46:49 +0000

In a decision that surely caused Barbie’s mascara to run, Judge Kozinski of the Ninth Circuit recently reversed a recent jury verdict that essentially turned the wildly popular, edgy BRATZ brand of dolls over to Mattel after finding that BRATZ was conceived by a Mattel employee.

The decision took issue with a number of decisions by the lower court, finding that the employment agreement between the employee that created BRATZ and Mattel was ambiguous as to whether the creation of BRATZ was Mattel property, and that many of the BRATZ dolls were not sufficiently similar to the early drawings and sculpts created by the artist while at Mattel for infringement to be found. In the end, the Court told Barbie to head back to the Dream House’s drawing board, and try the case again. Opinion is here: Bratz Prevail - Decision of the Court

Doniger / Burroughs Obtains Cutting-Edge Ruling Regarding Internet Messaging

admin — Fri, 28 May 2010 17:48:29 +0000

Doniger / Burroughs attorney Regina Y. Yeh, Esq. obtains reversal of a Court Order regarding private messages transmitted via MySpace and Facebook. In a decision of first impression, the Court held that messages sent through social networking sites qualify as protected communications under the Stored Communications Act, and are presumed to be non-discoverable if not available to the public.

Doniger / Burroughs Attorney Obtains Complete Dismissal of all Claims Against an Interior Designer

admin — Wed, 21 Apr 2010 00:33:10 +0000

Scott A. Burroughs, Esq. recently obtained a full dismissal of all claims against one of the firm’s clients - an interior design business located in Los Angeles. A business associate of the client filed a lawsuit alleging that the interior design company owed it a substantial amount of money following the completion of a design project. Mr. Burroughs filed a demurrer that the Court acknowledged as fine work and then sustained in its entirety, dismissing the entire action against the firm’s client.

DONIGER / BURROUGHS OBTAINS A SIX-FIGURE COPYRIGHT VERDICT IN FEDERAL COURT JURY TRIAL

admin — Mon, 18 Jan 2010 22:47:09 +0000

Los Angeles, CA - On January 15, 2009, a federal jury returned a unanimous verdict in the amount of $447,670.00 against retail chain Lane Bryant, Inc., and its suppliers. The nearly half a million dollar verdict sends a powerful message to apparel companies who choose to sell fabric and garments bearing knock-off textile designs.
Responding to arguments made by Scott A. Burroughs and Stephen M. Doniger of DONIGER / BURROUGHS APC, the jury found that the Plaintiff, a local textile company, owned a copyright for an original print design, and that the defendants sold fabric and garments bearing a modified knock-off of that print. Notably, the jury also found certain of the defendants’ infringements to be willful, because, among other reasons, they did not stop selling the infringing garments after receiving a cease and desist notice advising them of the infringement.

MMA Law Blog Reports on Leopoldo v. TMZ lawsuit

admin — Tue, 08 Sep 2009 17:09:57 +0000

http://www.mixedmartialartslawblog.com/2009/09/articles/civil-suits-1/kimo-fights-back/

Stephen Doniger Appears on Fox to Discuss Potential Lawsuit Against TMZ.COM on behalf of MMA fighter Kimo Leopoldo

admin — Mon, 03 Aug 2009 23:20:51 +0000

You can watch the segment by clicking this link.

Goldman Reports on D/B’s Action against Google for Trademark Infringement

admin — Mon, 06 Jul 2009 22:40:55 +0000

http://blog.ericgoldman.org/archives/2009/07/seventh_lawsuit.htm

EXCLUSIVE RIGHTS COPYRIGHT BLOG REPORTS ON DONIGER / BURROUGHS VICTORY IN NEW YORK

admin — Thu, 04 Jun 2009 23:06:49 +0000

DONIGER / BURROUGHS attorney Stephen Doniger’s client prevails in a decision by a judge in the Southern District of New York. In this decision, the Court adopts his client’s argument that the statute of limitations in a copyright action should be tolled while an action is pending in civil court in another jurisdiction: http://www.exclusiverights.net/2009/06/equitable-tolling-of-the-sol-for-filing-a-timely-action-that-is-dismissed-for-lack-of-personal-jurisdiction/

Burroughs Quoted in USC Law Publication on Online Networking and the Law

admin — Mon, 13 Apr 2009 23:40:28 +0000

Spring 2009 Edition of USC Law Magazine: ARTICLE

Callan v. Audigier et al. Article on IP Attorney Blog

admin — Fri, 27 Mar 2009 17:28:27 +0000

Friend of D / B Milord Keshishian reports on D / B action on behalf of artist Bryan Callan against clothier Christian Audigier:

http://www.iptrademarkattorney.com/2009/01/copyright-lawyers-breach-license-agreement-christian-audigier-calan-nervous-tattoo.html