Los Angeles, CA In early 2010, Double Zero, Inc. learned that a direct competitor, Bella D, Inc., was selling garments bearing a knock-off of one of Double Zero’s graphic designs to retailers including Styles for Less, Inc. Double Zero, through its attorneys at Doniger / Burroughs, brought suit against Bella D and Styles for Less for infringing Double Zeros copyright in its original design. On July 21, 2011, the Honorable Consuelo B. Marshall granted a summary judgment motion brought by Doniger / Burroughs on the issue of liability for copyright infringement.
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 Zeros 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.