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 has filed many lawsuits for copyright infringement in the Central District of California. These lawsuits allege that various companies have infringed on their copyrights by using their copyrighted designs without authorization. Specifically, the complaints allege that the defendants have been creating, manufacturing, selling, distributing, and/or advertising fabric, apparel, and other related items bearing copyrighted designs owned by Star Fabrics. The defendants in the lawsuits are accused of infringing on the exclusive rights held by Star Fabrics under the U.S. Copyright Act and are being sued for damages, injunctive relief, and attorneys' fees.
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
Star Fabrics, Inc. v. Papillon Eastern Imports, Inc. et al
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,
(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
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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 Star Fabric hoping to "smooth it over" with them or looking for a "quick settlement." This is not a good approach because you are dealing with skilled copyright attorneys on the Plaintiff's side. They have filed many lawsuits and are extremely experienced in this area of copyright law. Preserve all your defenses. Do not admit to liability. 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 adverse inferences read to the jury). Keep the status quo until an attorney reviews your case, the lawsuit, and all correspondence.
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 an experienced copyright infringement defense law firm in business since 2004. We have appeared in over 300 federal court cases.
We can help you explore your potential legal defenses and discuss the potential for early settlement of your case.
Call us at (877) 276-5084 for a free initial consultation or email us through our contact form
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.