In a case filed by fabric company United Fabrics alleging copyright infringement against Macys and its vendors, the situation looked dire when the district court judge dismissed the case sua sponte, finding that the copyright registration for the design at issue was invalid. Undaunted by this setback, Doniger / Burroughs partner Scott Burroughs appealed the decision to the 9th Circuit Court of Appeals. Before a panel of three appellate judges, Mr. Burroughs pleaded his client’s case, noting that Macys’ attorneys had urged a misapplication of the law, and there was no evidence or precedent to support the district court decision.

The 9th Circuit Court of Appeals was persuaded by Mr. Burroughs’ argument, finding unanimously in favor of his client, and reinstating the case. Back at the district court level, Mr. Burroughs requested a renewed ruling on the Motion for Summary judgment that had previously been denied at the same time the case was dismissed. The judge agreed, and partially granted the motion.

As the Doniger / Burroughs trial team was preparing the matter for the jury, more than two and a half years after the case had been filed, and just one day before trial was set to commence, Macys settled, agreeing to pay a substantial six-figure sum to avoid the jury trial.