Los Angeles, CA – Star Fabrics, Inc. discovered that a fashion industry competitor, Morex Enterprises, Inc., was selling fabric bearing one of Star’s propriety and copyrighted textile designs. Doniger / Burroughs attorneys Stephen Doniger and Scott Burroughs brought a copyright claim on behalf of Star Fabrics in United States Federal Court. After more than a year of litigation, two fruitless mediations, and substantial motion practice – including a rejected summary judgment motion filed by the defense, and a successful summary adjudication motion on liability filed by Doniger / Burroughs – trial was set to commence on November 8, 2011 before the Honorable Dean D. Pregerson.
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.