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Jan 25, 2013PDF download

Brutzkus Gubner Successfully Opposes Claims Of Copyright Infringement Of Fabric Designs

Brutzkus Gubner attorneys Mark Brutzkus and Jeffrey Kobulnick successfully defended Topson Downs of California, Inc. and Target Corporation against Meridian Textiles Inc.’s claims of copyright infringement of four fabric designs. Meridian filed a motion for summary judgment on its claims, which Brutzkus Gubner opposed. Finding that the defendants overcame the presumption of valid copyright ownership afforded by an issued copyright registration, Judge R. Gary Klausner of the U.S. District Court for the Central District of California agreed that one design (a zebra stripe pattern) was not entitled to copyright protection as it merely reflected zebra stripes as they occur in nature and thus ordered the Copyright Office to invalidate that registration. The Court further found no infringement of the other three asserted designs (an animal print, a burnout pattern and a lace design). Significantly, on the court’s own initiative based on the substantial evidence provided by Brutzkus Gubner on the defendants’ behalf, Judge Klausner granted summary judgment in defendants’ favor.

Brutzkus Gubner has a strong litigation practice defending against claims of copyright infringement of fabric designs. In this case, Brutzkus Gubner argued against the validity of the asserted copyright registrations and provided the Court with substantial evidence to defeat Meridian Textiles’ infringement claims.

The Court’s Order is accessible by clicking here.

Coverage: Reuters, Yahoo!, Columbus Dispatch, Business Week, mfrTech, Apparel, IP Watchdog and Just Style.

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