Doniger / Burroughs Prevails at Trial against Urban Outfitters – Jury Finds Willful Infringement

February
28 2015

Los Angeles, CA – The jury returned a verdict yesterday in the heavily-litigated case styled Unicolors, Inc. v. Urban Outfitters, Inc.

Unicolors, a fabric designer, is represented by Doniger / Burroughs in that action.

Before trial commenced, the Court granted a summary adjudication motion filed by Doniger / Burroughs that established that Urban Outfitters had infringed Unicolors’ copyrights in a unique fabric design by selling garments bearing a knock-off design. At trial, the jury was to consider the damages caused by Urban Outfitters’ infringement, and whether Urban Outfitters’ infringement was willful. The jury found against Urban Outfitters on both issues. The jury found that Urban Outfitters’ infringement was willful – that Urban Outfitters knew that it was committing copyright infringement when it engaged in the misconduct at issue. The jury also awarded $164,400.00 in damages against defendants.

Urban Outfitters had previously ignored a cease and desist letter sent by Unicolors, and at no time before trial did Urban Outfitters make a settlement offer. During trial, it argued that damages could not possibly be more than $475.00.

The only issue remaining in the case is Unicolors’ motion for attorneys’ fees.

Unicolors is represented by Scott A. Burroughs, Trevor W. Barrett, and Stephen M. Doniger of Doniger / Burroughs.

Urban Outfitters is represented by Miles D. Scully and Tara L. Martin of Gordon & Rees.

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  • About the Firm

    Doniger / Burroughs is California’s premier fashion, art, entertainment, and technology law boutique. The firm has resolved more than 1,000 disputes over the almost 20 years it has been in existence, and has represented all manner of individuals and businesses in the creative industries. Its lawyers have extensive state and federal court experience, and hail from well-regarded law schools. The firm has been on the forefront of cutting-edge copyright law, appearing often before judges, juries, and the Courts of Appeal. It has tried more copyright infringement cases than virtually any other firm over the last 5-10 years, and has obtained for its clients numerous six- and seven-figure verdicts and settlements.

    The firm is committed to representing artists and content creators, and enforcing intellectual property rights. It has litigated successfully against many of the nation’s largest retailers, film and television studios, web sites, and news organizations. Its partners speak and write often on art and copyright law issues, and devote significant time and resources to ensuring a level playing field for those responsible for the creation of art and content.