25. June 2011 by admin.

Mr. Burroughs is defending fashion blogger Rachel Kane in connection with claims of copyright and trademark leveled at her by “fast-fashion” retailer Forever 21. All of the scoop is here: Forbes Article - Doniger / Burroughs - Forever 21

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26. April 2011 by admin.

Doniger / Burroughs client, J. Steger, a high-end rock-inspired clothing line, achieved a total victory in a copyright infringement case filed against retailer Elite and its vendor Smash Men’s, Inc.  On April 18, 2011, the U.S. District Court for the Central District of California entered judgment ruling that Smash Men’s willfully violated an injunction granted in September 2009, which barred it from selling knock-off garments bearing J. Steger artwork. 

            In 2009, after the release of its premiere line, J. Steger discovered knock-offs of its original designs on hoodies and jackets sold at Planet Funk retail stores.  After J. Steger’s filing of its first lawsuit, the Court entered a judgment against Planet Funk and Smash Men’s for copyright infringement.  However, less than one year later, J. Steger found infringing shirts with the “Smash” label selling in different retail stores and online. 

J. Steger filed its second lawsuit in 2010, which resulted in a jury finding that Smash Men’s was liable for willful infringement in violation of the 2009 injunction, and awarding $40,750 in statutory damages.  Additionally, this Court awarded J. Steger its attorney fees in the amount of $81, 707.50. 

“This ruling is especially important because the defendants knew they were selling apparel that should have been destroyed after the first case,” said attorney Regina Yeh. “We’re grateful to the jurors for their service, and for protecting the integrity of our client’s artwork.”

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17. March 2011 by admin.

Burroughs discusses how the ruling is a victory for designers and artists: California Apparel News

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11. February 2011 by admin.

Doniger / Burroughs attorney Scott A. Burroughs obtains a jury verdict of maximum statutory damages in case involving a license dispute: Daily Journal Article

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8. February 2011 by admin.

Copyright and fashion industry case handled by Scott A. Burroughs of Doniger / Burroughs is singled out by leading legal search company as the number one copyright case in January of 2011:

http://www.lexisnexis.com/COMMUNITY/COPYRIGHT-TRADEMARKLAW/blogs/topcases/archive/2011/02/07/top-10-copyright-cases-for-the-month-of-january-2011.aspx

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8. February 2011 by admin.

See below for a roundup of recent articles detailing the Court’s decision in favor of Doniger / Burroughs client, United Fabrics International, Inc.:

http://calapp.blogspot.com/2011/01/united-fabrics-v-c-j-wear-9th-cir-jan.html

http://iplaw.hllaw.com/2011/02/articles/copyright/ninth-circuit-reiterates-presumption-of-validity-afforded-a-copyright-registration/

http://actualconfusion.com/2011/01/27/9th-circuit-decision-copyright-certificate-affords-presumption-of-validity/

http://westlawnews.thomson.com/California_Litigation/News/2011/01_-_January/9th_Circuit_specifies_copyright_requirements_for_unpublished_collection_of_works/

http://www.lexology.com/library/detail.aspx?g=85914e39-62a2-4c7b-9d81-8b3a1af06ed4

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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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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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26. January 2011 by admin.

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

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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.

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