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Intellectual Property
Copyright Infringement

American Cover Design 26 Inc. v. Dahdoul Textiles Inc. dba Dahdoul Inc., and Does 1 through 10

Published: Mar. 22, 2014 | Result Date: Jul. 16, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 2:13-cv-00331-MWF-AGR Bench Decision –  Permanent Injunction

Court

USDC Central


Attorneys

Plaintiff

A. David Youssefyeh

Liza Youssefyeh


Defendant

Brian C. Vanderhoof
(Lewis, Brisbois, Bisgaard & Smith LLP)

James C. Potepan


Facts

American Cover Design 26 Inc. filed a copyright infringement suit against Dahdoul Textiles Inc.

Contentions

PLAINTIFF'S CONTENTIONS:
American Cover sold rugs with original artwork. Plaintiff contended that because its rugs were unique, American Cover could charge premium prices from its customers. Dahdoul was one of American Cover's customers, and would purchase its rugs, and then resell them. However, plaintiff claimed that Dahdoul later began copying the rugs and selling them, without American Cover's permission or approval.

American Cover asserted copyright infringement claims over three of its designs that Dahdoul had copied.

DEFENDANT'S CONTENTIONS:
Dahdoul denied American Cover's allegations and asserted various affirmative defenses, including arguing that any copyright infringement it had committed had been done with innocent intent.

Result

The court awarded American Cover $3,000, and ordered a permanent injunction prohibiting Dahdoul from continuing to use any of American Cover's designs.

Other Information

FILING DATE: Jan. 16, 2013.


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