Posts Tagged ‘copyright infringement’

Fox Rothschild Sanctioned $25K For Altering Docs In IP Suit

April 12th, 2016 Alexander No comments

A California federal judge ordered Fox Rothschild LLP to pay $25,000 in sanctions to two California-based clothing companies that lost a copyright infringement suit they filed against the firm’s clients.

U.S. District Judge Dolly M. Gee determined that Fox Rothschild attorneys, representing China-based clothing wholesalers Saza Jeans Inc. and Rich Cowboy USA Inc. in a trademark and copyright infringement dispute lodged by Sweet People Apparel Inc. and RCRV Inc., altered financial information on invoices in order to reflect only the amounts related to the relevant product, but didn’t inform the plaintiffs of the changes or why they did so.

“Defendants’ counsel altered at least some of the documents produced in a manner that obfuscated the true meaning of the information provided,” the judge wrote. “At the very least, defendants’ counsel knew or should have known that they had altered the documents and were aware of the risk that plaintiff was being misled by the alterations.”

In July, a jury ruled that Saza and Rich Cowboy’s denim apparel did not infringe any of the at-issue copyrighted designs belonging to Sweet People, which sells Miss Me brand jeans, and RCRV, which makes Rock Revival brand jeans.

RCRV and Sweet People claimed that at trial, they were able to identify several documents produced by the Fox Rothschild attorneys during discovery that had been altered to change information on invoices that made their clients’ businesses seem smaller by a factor of 15.

“When plaintiffs attempted to ask defendants’ witnesses why they had altered the documents, defendants’ attorneys objected, arguing that defendants themselves did not change the invoices. Instead, at first, defendants’ attorneys blamed plaintiffs without the slightest basis,” the companies said. “Eventually they conceded that defendants’ attorneys had changed the documents.”

For more information, see Law360.

Categories: Intellectual Property

Urban Outfitters Wants Firm Sanctioned For Duplicate Suit

February 5th, 2015 Alexander No comments

Urban Outfitters Inc. asked a California federal court to sanction Doniger Burroughs APC for allegedly filing identical suits in the same court accusing Macy’s Inc., Saks Inc. and 63 other retailers of selling a dress, made by Urban subsidiary Free People, that sports a stolen print.

Urban asked the court to toss the suit and fine the Los Angeles law firm $10,000 for bringing the November copyright litigation on behalf of Unicolors Inc. against retailers selling the Free People dress. It says the firm missed a deadline to add the customers to a lawsuit filed in February against Urban Outfitters over the same copyright.

“By filing this action, plaintiff has attempted to make an end-run around its own failure to adequately prosecute its claims in the Unicolors I action,” Urban Outfitters said, referring to the February suit as Unicolors I. “[The suit is an] improper attempt by plaintiff to simultaneously maintain two duplicate actions so that it may avoid the consequences of its own failure to timely amend and/or to conduct discovery.”

The move amounts to claim splitting, which is prohibited by federal rules of procedure. Furthermore, any determination on infringement in one case would have a preclusive effect on claims in the other.

“Prosecution of the instant action, and the corresponding need for two courtrooms to simultaneously adjudicate the exact same claims, would result in a colossal waste of judicial resources,” the retailer said.

The move is an attempt by Doniger Burroughs, which has filed approximately 160 copyright infringement cases in 2014, to needlessly extend and expand the litigation in order to increase its exposure for attorneys’ fees, the retailer said.

Scott Burroughs, lead attorney for Unicolors, thinks that Urban Outfitter’s motion is meritless and “a hollow attempt by Urban Outfitters to evade liability for infringement.”

For more information, see Law360.

Is China serious about cutting down internet piracy?

July 24th, 2010 Alexander No comments

This year, China announced its goal of combating Internet piracy and designated a task force, code named “Sword Net Action,” to battle cyber pirates through October 2010. Sword Net Action targets the source of piracy to reduce Internet infringement activities.  Internet and digital copyright industries are expected to provide solid copyright protection and development environments.

China’s National Copyright Administration, Ministry of Public Security, and Ministry of Industry and Information Technology announced today that “Sword Net Action” will be divided into four stages. Sword Net Action targets the types of works,( i.e, audio and video, literature, games, animation, software, etc.), types of sites (i.e, online sales platform) and provides search, online storage, and other technical services. Phone media networks will also be focused upon.

Mainland officials state that “Sword Net Action” will achieve five goals, including the establishment of (1) “first authorized after the dissemination of” spread the work order, (2) creation of a network industry (an important foundation for sustainable development and copyright newspapers), (3) termination of piracy websites relating to the rapid spread of Internet infringement and piracy activities, (4) promotion of human rights, and (5) use of balanced development and healthy activities.

Mainland officials also seek to establish a copyright enforcement system which promotes the drafting of “network copyright enforcement guidance” and raises the standard for Internet copyright enforcement, science, and effectiveness.

Is China serious about cutting down internet piracy? I will update you all as results come in!