Facts

Unicolors Inc. filed and infringement suit against NB Brother Corp.

PLAINTIFF'S CONTENTIONS: Plaintiff allegedly designed fabrics and held the copyright for its creations. Plaintiff also allegedly provides samples to potential customers. Defendant was also in the fabric industry. Defendant allegedly purchases finished garments from wholesalers in China and resells those garments stateside. Defendant allegedly sold shorts that bore plaintiff's designs without plaintiff's permission. Plaintiff sued defendant for direct, vicarious, and contributory copyright infringement.

DEFENDANT'S CONTENTIONS: Defendant denied the allegations.

Result

The court found that Unicolor failed to show the design and garment were strikingly similar, and failed to show defendant had access to plaintiff's design.

Other Information

Defendant's motion for attorney fees is now pending.