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Intellectual Property
Copyright Infringement
Copyright Infringement

Leegin Creative Leather Products Inc. v. Belts By Nadim Inc.

Published: Jan. 12, 2002 | Result Date: Nov. 30, 2001 | Filing Date: Jan. 1, 1900 |

Case number: CV9913541 Verdict –  $800,000

Judge

Terry J. Hatter Jr.

Court

USDC Central


Attorneys

Plaintiff

Seth M. Gerber
(Morgan, Lewis & Bockius LLP)

Rebecca J. Edelson
(Sheppard, Mullin, Richter & Hampton LLP)


Defendant

Shula Roth-Barash

Lawrence E. Heller
(Heller & Edwards)


Facts

Plaintiff Leegin Creative Leather Products Inc. is a manufacturer of fashion accessories, including watches and
belts. Defendant Belts by Nadim Inc. also manufactures and sells fashion accessories that resembled plaintiffÆs
fashion accessories. The plaintiff sent the defendant a "cease and desist" letter in 1997. The defendant
continued to sell fashion accessories, which the plaintiff believed infringed its rights.
The plaintiff filed suit on Dec. 29, 1999. The plaintiff contended that the defendant infringed the plaintiffÆs
copyrights by selling various fashion accessories products.
The defendant contended that it did not infringe the plaintiffÆs copyrights. The defendant also contended that
the designs at issue were not substantially similar and that the designs being sued upon were not original to the
plaintiff but were copied from pre-existing designs. The defendants maintained that because it purchased the
allegedly infringing products it sold from its vendors, it was impossible for it to have copied any of the designs,
and there was no evidence that any of the defendantÆs suppliers copied the allegedly infringing designs.
The defendant also contended that the plaintiff failed to show that it had suffered any
damages whatsoever, and defendantÆs profits from the sales of products containing the allegedly
infringing designs were minimal.

Other Information

The jury found the defendant infringed seven of the plaintiffÆs copyrights. The court reserved its ruling on various equitable defenses raised by defendant, including estoppel, waiver and unclean hands, and set a hearing thereon for Feb. 4, 2002.

Deliberation

1.75 hours

Length

3.5 days


#106693

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