Urban Textile Inc. v. The Cato Corporation, Mark-Edwards Apparel Inc., and Does 2 through 20, inclusive
Published: Apr. 30, 2016 | Result Date: Apr. 7, 2016 | Filing Date: Jan. 1, 1900 |Case number: 2:14-cv-06967-ODW-FFM Summary Judgment – Defense
Court
USDC Central
Attorneys
Plaintiff
Chan Yong Jeong
(Jeong and Likens LC)
Defendant
David Martinez
(Robins Kaplan LLP)
Jill Casselman
(Office of the U.S. Attorney)
Facts
Urban Textile Inc. filed an infringement lawsuit against The CATO Corp.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged defendants copied its urban design elements. Plaintiff alleged causes of action for copyright infringement and vicarious and/or copyright infringement.
DEFENDANTS' CONTENTIONS:
CATO denied the allegations. CATO also moved for summary judgment, arguing that the alleged design was invalid. Furthermore, CATO argued that the accused design was independently created by a third party and based on elements that were in the public domain. It further maintained that the asserted design was not original. Moreover, CATO claimed that the accused infringing work was not similar to the alleged design.
CATO asserted that plaintiffs could not prove its claims for infringement.
Result
The court entered judgment in favor of CATO.
Other Information
Plaintiff has filed an appeal. FILING DATE: Aug. 5, 2014.
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