Culver City, CA – Influential design blog YOU THOUGHT WE WOULDN’T NOTICE has come to an agreement with Doniger / Burroughs partner Scott Burroughs whereby Mr. Burroughs will curate and oversee the editorial content on the blog, and offer commentary and analysis on the designs and artwork posted and discussed on the web site. The site, which hosts comparisons of original works of art and alleged knock-offs or copies, can be found here: http://youthoughtwewouldntnotice.com/blog3/
Doniger / Burroughs Prevails on Summary Judgment in Hotly-Contested New York Copyright Infringement Case
New York, New York – Doniger / Burroughs client L.A. Printex Industries, Inc. discovered that Canadian company Le Chateau, Inc. was selling garments and bags bearing a knock-off one of its proprietary textile prints, and brought a copyright infringement suit in Federal Court. Le Chateau denied any wrongdoing, and mounted a very aggressive legal defense. This defense spanned almost two years, involved litigation in California and New York, and included the filing by Le Chateau of multiple summary judgment motions and even a Fed.R.Civ.P. Section 11 Motion, all of which were roundly rejected by the Court. Indeed, Le Chateau failed to prevail on a single motion in this case.
L.A. Printex, through its attorneys at Doniger / Burroughs, filed a summary judgment motion in the Southern District of New York, requesting that the Court adjudge that Le Chateau had violated the Copyright Act. The motion was vigorously opposed by Le Chateau, Inc., which had its own summary judgment motion filed with the Court. On March 23, 2012, the Honorable Laura Taylor Swain rejected Le Chateau, Inc.’s motion in its entirety, and granted in full L.A. Printex’s motion, finding that L.A. Printex had established that Le Chateau violated the Copyright Act and was thus liable for copyright infringement.
L.A. Printex was represented in this case by Scott A. Burroughs at Doniger / Burroughs APC
Le Chateau was represented in this case by David Quinto at Quinn Emanuel Urquhart & Sullivan LLP.
For further information, please contact Kenneth Holmes at (310) 590-1820 or firstname.lastname@example.org.
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.