Pasadena, CA – In a stunning victory, Doniger / Burroughs client L.A. Printex prevailed over defendants Aeropostale and Ms. Bubble at trial on Friday. The jury trial, which was presided over by the Honorable Alex Kozinski, Chief Judge of the 9th Circuit, involved claims of copyright infringement related to garments sold by Aeropostale and Ms. Bubbles. The garments at issue, which Ms. Bubbles had manufactured in, and imported from, Hong Kong, contained a copy of a design created and owned by L.A. Printex, the jury found.
The jury found for L.A. Printex on all counts. In its unanimous verdict, the jury found that both defendants were liable for copyright infringement, and Ms. Bubbles was liable for willful copyright infringement. The jury rejected all arguments made by defendants.
During the proceedings, the court stated on the record that one of the defendants’ primary defenses was “desperate,” and a “fishing expedition.” At the close of defendants’ case, the Court granted plaintiff’s FRCP 50 motion for judgment as a matter of law on this defense.
Prior to trial, Ms. Bubbles had made an offer to settle the case for $24,000.00. Aeropostale failed to make any offer to settle the case. After the jury returned the unanimous verdict finding that both defendants were liable for copyright infringement, the parties attended a settlement conference before Magistrate Judge Michael R. Wilner. The conference took place the night before the jury was to decide the amount of damages to be awarded to plaintiff in the case. At this conference, the parties settled the case, and a related matter between the parties, for a low seven-figure sum.
L.A. Printex was represented by Stephen M. Doniger and Scott A. Burroughs of Doniger / Burroughs.
Ms. Bubbles was represented by Deborah Sirias and Robert Collins of Lewis Brisbois Bisgaard & Smith
Aeropostale was represented by Kristin Holland and Cory Baskin of Katten Muchin & Rosenman
For more information on this matter, please contact Grace Garcia at (310) 590-1820.