Contact Us Today! (877) 276-5084

Attorney Steve® Blog

Star Fabrics Lawsuits being filed in California Central District Court

Posted by Steve Vondran | Sep 19, 2017 | 0 Comments

Copyright Watchdog – STAR FABRICS, INC., a California Corporation, Plaintiff, v. LOUISE PARIS, LTD., a New York Corporation; RAINBOW USA INC., a Delaware corporation; and DOES 1 through 10, Defendants

Star Fabrics defense lawyer

Introduction

This blog discusses Star Fabric lawsuits currently being filed by Doniger Burroughs APC law firm in Venice, California.  If you received a summons and complaint relating to a civil court lawsuit call us to discuss your legal options.

2021 Updates:  Here are a few new lawsuits filed:

Star Fabrics v. SW Group, LLC et al

 as 2:2021cv00761

----------------------------------------------------------------

Star Fabrics, Inc. v.  Papillon Eastern Imports, Inc. et al

 as 2:2021cv00754
 
---------------------------------------------------------------
 
Star Fabrics, Inc. v. White Mark Universal, Inc. et al
 
 as 2:2021cv00740
 
----------------------------------------------------------------
 
Star Fabrics, Inc. v. UMGEE U.S.A., Inc. et al

 as 2:2021cv00595
 

Here are some sample allegations from one complaint

“Plaintiff owns an original two-dimensional artwork used for purposes of textile printing entitled 64824 (“Subject Design A”) which has been registered with the United States Copyright Office. 10. Prior to the acts complained of herein, Plaintiff widely disseminated fabric bearing Subject Design A to numerous parties in the fashion and apparel industries. 11. Plaintiff is informed and believes and thereon alleges that following its distribution of Subject Design A, RAINBOW, LOUISE PARIS, DOE Defendants, and each of them distributed and/or sold fabric and/or garments featuring a design which is substantially similar to Subject Design A (hereinafter “Subject Product A”) without Plaintiff's authorization, including but not limited to products sold by RAINBOW under SKU 0021148077 and bearing the label “TOXiK3” and RN 57686, indicating that it was manufactured by or for LOUISE PARIS.”

“Plaintiff is informed and believes and thereon alleges that Defendants, and each of them, had access to Subject Designs A and B (collectively, “Subject Designs”), including, without limitation, through:

(a) access to Plaintiff's showroom and/or design library;

(b) access to illegally distributed copies of Subject Designs by third-party vendors and/or DOE Defendants, including without limitation international and/or overseas converters and printing mills;

(c) access to Plaintiff's strike-offs and samples,

and

(d) access to garments in the marketplace manufactured with lawfully printed fabric bearing Subject Designs. Plaintiff is informed and believes and thereon alleges that one or more of the Defendants manufactures garments and/or is a garment vendor. Plaintiff is further informed and believes and thereon alleges that said Defendant(s), and each of them, has an ongoing business relationship with Defendant retailers, and each of them, and supplied garments to said retailers, which garments infringed Subject Designs in that said garments were composed of fabric which featured unauthorized print designs that were identical or substantially similar to Subject Designs, or were an illegal modification thereof. 20. Plaintiff is informed and believes and thereon alleges that Defendants, and each of them, infringed Plaintiff's copyright by creating, making and/or developing directly infringing and/or derivative works from Subject Designs and by producing, distributing and/or selling Subject Products through a nationwide network of retail stores, catalogues, and through on-line websites. Due to Defendants', and each of their, acts of infringement,

Plaintiff has suffered damages in an amount to be established at trial. Due to Defendants', and each of their, acts of copyright infringement as alleged herein, Defendants, and each of them, have obtained profits they would not otherwise have realized but for their infringement of Subject Designs. As such, Plaintiff is entitled to disgorgement of Defendants', and each of their, profits attributable to the infringement of Subject Designs in an amount to be established at trial. Plaintiff is informed and believes and thereon alleges that Defendants, and each of them, have committed copyright infringement with actual or constructive knowledge of Plaintiff's rights such that said acts of copyright infringement were, and continue to be, willful, intentional and malicious.

That Defendants—each of them—and their respective agents and servants be enjoined from importing, manufacturing, distributing, offering for sale, selling or otherwise trafficking in any product that infringes Plaintiff's copyrights in Subject Designs;

That Plaintiff be awarded all profits of Defendants, and each of them, plus all losses of Plaintiff, the exact sum to be proven at the time of trial, or, if elected before final judgment, statutory damages as available under the Copyright Act, 17 U.S.C. § 101 et seq.;

That Plaintiff be awarded its attorneys' fees as available under the Copyright Act U.S.C. § 101 et seq.;

That Plaintiff be awarded pre-judgment interest as allowed by law;

That Plaintiff be awarded the costs of this action; and

That Plaintiff be awarded such further legal and equitable relief as the Court deems proper.”

Learn more about penalties and damages in Copyright infringement cases

Star Fabrics lawsuit info

VIDEO:  Click to watch the video.  Make sure to SUBSCRIBE to our popular legal channel.  We are now over 25,000 subscribers and nearing 3 MILLION VIDEO VIEWS.  This is a great source for legal tips, tricks, strategies and insights.

What to do if you receive a Star Fabrics infringement notice or summons in a lawsuit

If your company received notice that you are selling items on your website (or offline) that infringement Star Fabrics copyrights, here is what you should do:

1.  Don't call them.  Call us first to discuss.  Some people try to reach out to copyright Plaintiff's hoping to "smooth it over" or looking for a "quick settlement."  This is not a good approach because you are dealing with skilled copyright attorneys on the Plaintiff side.  They have filed many lawsuits.  Lawyer up and see where you stand.  There is no cost for an initial consultation.

2.  Don't move to destroy evidence (this rarely helps, especially in federal court where "spoliation" claims can lead to more problems and work almost as an admission of guilt (you can have negative inferences read to the jury).

Contact a California Fashion Infringement Law Firm

If you are being sued in a federal district court in California by Star Fabrics, contact us to discuss. We are experienced copyright infringement defense law firm in business since 2004. We have appeared in over 200 federal court cases.

We can help you explore your potential legal defenses and discuss potential for early settlement of your case.  

Call us at (877) 276-5084 for a free initial consultation. 

We represent clients in the Central District of California, Eastern District, Southern District, and Northern District of California and in the federal courts in Arizona. We have also been admitted to select federal courts in Texas and New York. 

About the Author

Steve Vondran

Thank you for viewing our blogs, videos and podcasts. As noted, all information on this website is Attorney Advertising. Decisions to hire an attorney should never be based on advertising alone. Any past results discussed herein do not guarantee or predict any future results. All blogs are written by Steve Vondran, Esq. unless otherwise indicated. Our firm handles a wide variety of intellectual property and entertainment law cases from music and video law, Youtube disputes, DMCA litigation, copyright infringement cases involving software licensing disputes (ex. BSA, SIIA, Siemens, Autodesk, Vero, CNC, VB Conversion and others), torrent internet file-sharing (Strike 3 and Malibu Media), California right of publicity, TV Signal Piracy, and many other types of IP, piracy, technology, and social media disputes. Call us at (877) 276-5084. AZ Bar Lic. #025911 CA. Bar Lic. #232337

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact us for an initial consultation!

For more information, or to discuss your case or our experience and qualifications please contact us at (877) 276-5084. Please note that our firm does not represent you unless and until a written retainer agreement is signed, and any applicable legal fees are paid. All initial conversations are general in nature. Free consultations are limited to time and availability of counsel and will depend on the type of case you are calling about (no free consultations for other lawyers). All users and potential clients are bound by our Terms of Use Policies. We look forward to working with you!
The Law Offices of Steven C. Vondran, P.C. BBB Business Review

Menu