Los Angeles, CA - United Fabrics Int’l., Inc., represented by Scott A. Burroughs at Doniger / Burroughs APC, filed a copyright action against Urban Outfitters in 2010. At issue in the case were “Free People” garments that Urban Outfitters had created in Taiwan, and which were then imported into the United States and sold to the public through Urban Outfitters retail stores.

United Fabrics alleged that the “Free People” garments imported from Taiwan bore a design that had been copied from United Fabrics’ proprietary design line. Urban Outfitter vehemently disagreed, arguing that United Fabrics could not establish it held a valid copyright, and that its design had not been copied. The Court, after considering a lengthy motion for summary judgment filed by Mr. Burroughs, voiced its agreement with United Fabrics’ position. Specifically, it granted United Fabrics’ Motion, and found that Urban Outfitters violated the Copyright Act and is liable for copyright infringement.

The case will now proceed to trial to establish the amount of damages for which Urban Outfitters is responsible.

United Fabrics Int’l., Inc. is represented by Scott A. Burroughs of Doniger / Burroughs APC

Urban Outfitters, Inc. is represented by Tara Martin of Gordon & Rees

 For more information, please contact Kenneth Holmes at (310) 590-1820, or kholmes@donigerlawfirm.com 

The Daily Journal’s print edition contained an in-depth piece that included quotes from Doniger / Burroughs attorney Scott Burroughs. (Print subscription required).

The Courthouse News also posted an article on the victory:  http://www.courthousenews.com/2012/04/09/45458.htm

As did The Recorder:  http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202548455029&LA_Printex_Industries_Inc_v_Aeropastale_Inc&slreturn=1 (Subscription required).

And Bloomberg Businessweek:  http://www.businessweek.com/news/2012-04-11/aol-mitek-nike-stein-mart-printex-intellectual-property#p2

The thorough Opinion reverses in full a District Court ruling against Doniger / Burroughs client L.A. Printex in a copyright infringement case. The now-overturned ruling found no liability for copyright infringement on the part of defendant Aeropostale, Inc. and its vendor, for selling garments that bore a graphic design that L.A. Printex alleged was copied from its original art print. Doniger / Burroughs appealed this finding on behalf of its client, and the 9th Circuit has now granted in full that appeal, remanding the matter for further litigation, and vacating an award to the defendants of over $400,000.00 in attorneys’ fees. It is an overwhelming victory for L.A. Printex, and those who believe in protecting artists and copyrights.

This is the second published Opinion in the area of copyright law that Mr. Burroughs has argued and obtained from the 9th Circuit Court of Appeals in the last two years.

The Opinion, which contains an in-depth analysis of important copyright law issues such as substantial similarity, access, and copyright registration validity, can be found by clicking: HERE

L.A. Printex, through its attorneys at Doniger / Burroughs, filed a summary judgment motion in the Southern District of New York, requesting that the Court adjudge that Le Chateau had violated the Copyright Act. The motion was vigorously opposed by Le Chateau, Inc., which had its own summary judgment motion filed with the Court. On March 23, 2012, the Honorable Laura Taylor Swain rejected Le Chateau, Inc.’s motion in its entirety, and granted in full L.A. Printex’s motion, finding that L.A. Printex had established that Le Chateau violated the Copyright Act and was thus liable for copyright infringement.

L.A. Printex was represented in this case by Scott A. Burroughs at Doniger / Burroughs APC

Le Chateau was represented in this case by David Quinto at Quinn Emanuel Urquhart & Sullivan LLP.

For further information, please contact Kenneth Holmes at (310) 590-1820 or kholmes@donigerlawfirm.com.

http://www.iptrademarkattorney.com/2012/03/charriol_files_cable_motif_jew.html

Despite the clear finding of liability against them on the copyright infringement claim, Bella D and Styles for Less persisted in their baseless claim that the copyright certificate at issue was invalid. Those claims were roundly rejected by the Court, which found that a copyright certificate carries a presumption of validity that is not disturbed by technical errors on the registration unless there is evidence of fraud. On the eve of trial, and perhaps fearful of answering to a jury, Bella D and Styles for Less admitted defeat in the case, and stipulated to a judgment of $60,000.00.

Double Zero then brought a motion for attorneys’ fees, seeking $91,406.00 against Bella D and Styles for Less in connection with the labor incurred in the copyright infringement action. On March 18, 2012, the Court granted the motion and awarded Double Zero the full $91,406.00 sought. The Court found that the defendants were unreasonable and “unduly prolonged this litigation,” and ruled consistent with the policy that attorneys’ fees serve as a deterrent to infringing parties.

Double Zero’s attorney David Shein said he and the client felt “vindicated after having to fight off spurious claims of invalidity in a case of unquestionable infringement.”

Double Zero is represented by Stephen Doniger, Scott Burroughs, and David Shein of Doniger / Burroughs APC.

Bella D and Styles for Less are represented by Deborah Sirias and Dan Decarlo of Lewis Brisbois Bisgaard & Smith LLP

For more information in regard to the above, please contact Kenneth Holmes at (310) 590-1820.

Legal news website Law360 reports on the Doniger / Burroughs appellate victory here:

http://www.law360.com/ip/articles/299964?nl_pk=a1e4b90c-8f4a-4649-bcb5-781ca89a2fd9&utm_source=newsletter&utm_medium=email&utm_campaign=ip

As the parties and attorneys gathered in the courtroom, awaiting the judge’s taking of the bench to initiate the proceedings, the defendants and their attorneys had a change of heart. After spending more than a year refusing to participate in good faith settlement talks, and repeating woefully frivolous and misguided legal arguments, defendants and their counsel admitted defeat. Perhaps in light of the poor position they found themselves in due to the legal strategy they employed during the litigation, defendants agreed to tender to Star Fabrics 1.1 million dollars in order to avoid having the jury hear the arguments presented by Star Fabrics and Doniger / Burroughs.

Defendants had previously offered only a fraction of that amount.

Following this spectacular collapse by the defense, Stephen Doniger remarked: “Despite all of their posturing and legal bluster, Morex and its attorneys realized that they would be hurt far worse if the jury was allowed to hear the case and render a verdict.”

Star Fabrics was represented by Stephen Doniger and Scott Burroughs of Doniger / Burroughs APC.

Morex Enterprises was represented by Scott Shaw and Delavan Dickson of Call & Jensen APC.

For more information in regard to the above, please contact Ann Grozman at (310) 590-1820.

Peter Benke is an accomplished and in-demand photographer who has exhibited his work in galleries across the southland. A sampling of his innovative work is available here:  http://www.peterbenkephoto.com/

Mr. Benke’s claims arise from an advertising campaign he shot for the Ivy Hotel. The complaint alleges that he granted a limited license to the Departure Agency to use certain of the photographs he took in connection with that campaign, and Departure Agency breached that license by failing to tender the consideration due under the agreement, and making use of the photographs in a way that went well beyond the substantive and temporal scope of the license. The complaint alleges that the unauthorized use of Mr. Benke’s photographs constitutes copyright infringement. One such allegedly infringing use was the display by The Andaz Hotel of the photographs in its web marketing without right or authorization.

The defendants deny liability, and deny that the allegedly unauthorized use of the photographs at issue has damaged Mr. Benke.

The case is currently pending before the Honorable Valerie B. Fairbank in United States District Court in Los Angeles, and has been set for a jury trial on September 18, 2012.

For further information regarding this case, contact Scott A. Burroughs at (310) 590-1820 or scott@donigerlawfirm.com