Riverside, CA – After almost two full days of deliberation, the jury has returned a verdict in the hotly-contested fashion industry dispute between Doniger / Burroughs client Advanced Visual Image Design, LLC (doing business as “Avid Ink”), a California-based designer, and Exist, Inc., a Florida-based garment wholesaler. Avid Ink alleged in the case that Exist had copied over two dozen of Avid Ink’s proprietary fabric designs. Exist denied the allegations, averring that its vendor for the garments obtained the designs via a mysterious transaction that took place in a hotel lobby in China, and that it wasn’t responsible for continuing to sell the products bearing the knock-off designs even after it received notice of Avid Ink’s claims.
Doniger / Burroughs partner Stephen M. Doniger and counsel David R. Shein artfully laid out Avid Ink’s case, and belittled the defense’s positions, particularly those related to the dubious hotel lobby transaction. After carefully considering both parties’ arguments, the jury returned with a verdict of over $1,750,000.00 in favor of Avid Ink, and found Exist’s infringement to be willful, which will strengthen Avid Ink’s claim to recover the costs and attorneys’ fees it incurred in pursuing its claims of infringement.
The verdict is believed to be one the decade’s largest for a fashion law case. For further information regarding this matter, please contact Grace Garcia at (310) 590-1820.
Key word(s): fashion, copyright, jury trial, federal court, litigation