Doniger / Burroughs Prevails Again at the 9th Circuit Court of Appeals

Culver City, CA – Stephen M. Doniger, partner at Doniger / Burroughs APC, argued to a three-judge panel of the 9th Circuit Court of Appeals that a lower Court had erred when dismissing the case of his fashion industry client on the basis of a putative error in the client’s copyright registration. The 9th Circuit was persuaded by Mr. Doniger’s copyright law arguments, and has now fully reversed the lower Court, handing Mr. Doniger and his client a huge win at the Court of Appeals.

Legal news website Law360 reports on the Doniger / Burroughs appellate victory here:


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Doniger / Burroughs Obtains $1,100,000.00 Settlement on Behalf of Star Fabrics, Inc. Just Moments Before Trial

Los Angeles, CA – Star Fabrics, Inc. discovered that a fashion industry competitor, Morex Enterprises, Inc., was selling fabric bearing one of Star’s propriety and copyrighted textile designs. Doniger / Burroughs attorneys Stephen Doniger and Scott Burroughs brought a copyright claim on behalf of Star Fabrics in United States Federal Court. After more than a year of litigation, two fruitless mediations, and substantial motion practice – including a rejected summary judgment motion filed by the defense, and a successful summary adjudication motion on liability filed by Doniger / Burroughs – trial was set to commence on November 8, 2011 before the Honorable Dean D. Pregerson.

As the parties and attorneys gathered in the courtroom, awaiting the judge’s taking of the bench to initiate the proceedings, the defendants and their attorneys had a change of heart. After spending more than a year refusing to participate in good faith settlement talks, and repeating woefully frivolous and misguided legal arguments, defendants and their counsel admitted defeat. Perhaps in light of the poor position they found themselves in due to the legal strategy they employed during the litigation, defendants agreed to tender to Star Fabrics 1.1 million dollars in order to avoid having the jury hear the arguments presented by Star Fabrics and Doniger / Burroughs.

Defendants had previously offered only a fraction of that amount.

Following this spectacular collapse by the defense, Stephen Doniger remarked: “Despite all of their posturing and legal bluster, Morex and its attorneys realized that they would be hurt far worse if the jury was allowed to hear the case and render a verdict.”

Star Fabrics was represented by Stephen Doniger and Scott Burroughs of Doniger / Burroughs APC.

Morex Enterprises was represented by Scott Shaw and Delavan Dickson of Call & Jensen APC.

For more information in regard to the above, please contact Ann Grozman at (310) 590-1820.

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Doniger / Burroughs to Represent Photographer Peter Benke in Copyright Dispute with The Andaz Hotel and Others

Culver City, CA – Doniger / Burroughs has been retained by photographer Peter Benke to prosecute sweeping claims of copyright infringement against The Andaz Hotel, its advertising agents, Departure Agency and Digiteria, and others.

Peter Benke is an accomplished and in-demand photographer who has exhibited his work in galleries across the southland. A sampling of his innovative work is available here:  http://www.peterbenkephoto.com/

Mr. Benke’s claims arise from an advertising campaign he shot for the Ivy Hotel. The complaint alleges that he granted a limited license to the Departure Agency to use certain of the photographs he took in connection with that campaign, and Departure Agency breached that license by failing to tender the consideration due under the agreement, and making use of the photographs in a way that went well beyond the substantive and temporal scope of the license. The complaint alleges that the unauthorized use of Mr. Benke’s photographs constitutes copyright infringement. One such allegedly infringing use was the display by The Andaz Hotel of the photographs in its web marketing without right or authorization.

The defendants deny liability, and deny that the allegedly unauthorized use of the photographs at issue has damaged Mr. Benke.

The case is currently pending before the Honorable Valerie B. Fairbank in United States District Court in Los Angeles, and has been set for a jury trial on September 18, 2012.

For further information regarding this case, contact Scott A. Burroughs at (310) 590-1820 or scott@donigerlawfirm.com

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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.