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Intellectual Property
Copyright Infringement
Contributory Copyright Infringement

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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