Law360 Reports on the Nation’s Top Copyright Litigation Firms

Venice, CA – The noted legal website Law360 today released its quarterly report on the most active copyright litigation firms in the United States. Doniger / Burroughs held the third spot, behind only Fox Rothschild (which had filed over a hundred cases involving adult films) and a small New York firm that handles only photography matters. Law360 noted that Doniger / Burroughs “is one of the most consistently prolific copyright firms in the country. Since the start of 2015, the firm has filed more than 40 new cases every single quarter, topping 70 new cases in four separate quarters.”


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Firm Client Prevails in Copyright Infringement Trial Against H&M

Los Angeles, CA – After deliberating late into the night on Thursday, the jurors in the hotly contested copyright infringement trial between Unicolors and H&M reached a verdict. The unanimous verdict held that H&M had committed willful infringement and was liable for $846,720 in damages.

Unicolors, a local design studio, represented by Doniger / Burroughs, established at trial that H&M had infringed its copyrights when H&M marketed and sold jackets and skirts bearing an unlawful copy of Unicolors’ original artwork. And Unicolors proved that H&M’s infringement was willful because H&M knew that its sales were infringing and was reckless and willfully blind to Unicolors’ rights. Unicolors also established that H&M ignored Unicolors’ claims and continued to sell the infringing product for months after notice of the infringement was provided.

H&M denied that it committed infringement, denied that the works of art at issue were substantially similar, denied that Unicolors’ artwork was protectable, and denied that its conduct was willful or reckless. And H&M claimed that the artwork on its garments was created by an individual in China. H&M’s counsel, in her statements to the jury, argued that H&M, a 15,000-person company, had done nothing wrong and was being “bullied” by local design company Unicolors.

The jury, after deliberation, found in favor of Unicolors on all claims. The jury rejected every defense offered by H&M and found that H&M willfully infringed Unicolors’ rights in its artwork. It then found H&M must pay to Unicolors $846,720 in damages.

Unicolors had offered to resolve the case for $790,000.00 before trial. H&M rejected the proposal and failed to make any offer in response. Unicolors will now file its post-trial motion for costs and attorneys’ fees.

Unicolors was represented at trial by Doniger / Burroughs partners Stephen M. Doniger, Esq. and Scott Alan Burroughs, Esq.

H&M was represented at trial by Nixon Peabody partner Staci Riordan, Esq. and counsel Aaron Brian, Esq.

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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.