Los Angeles, CA – Garment industry copyright attorneys sought protection for United Fabrics’ registered copyrights in fabric/textile designs by filing a copyright infringement lawsuit in Los Angeles Federal District Court to prevent the copying of its fabric/textile designs copyrights. Plaintiff alleges that two of its designs registered with the Copyright Office are being copied. The first design was purchased from an Italian art studio and the multi-element floral design was converted for printing on textiles. After plaintiff applied for and received copyright registration for this first design with the U.S. Copyright Office, it provided samples of fabric to defendant Wraps. The complaint alleges that Wraps even ordered and received one shipment of fabric bearing the first design. But instead of purchasing additional fabric from United Fabrics, Wraps is alleged to have copied the fabric design through third parties and sold garments bearing the design protected by copyrights to numerous retailers.
Plaintiff also purchased source artwork from an Italian art studio and created a second design for printing on textiles. Once again plaintiff received a copyright registration from the U.S. Copyright Office and provided samples of the fabric to defendant Swat. Defendant Swat allegedly did not order any fabric from Plaintiff, but instead copied the design through third parties and manufactured and sold garments to various retailers. The complaint alleges a cause of action for copyright infringement for each of the fabric designs registered with the Copyright Office. It also alleges a cause of action for vicarious and/or contributory copyright infringement. Finally, a breach of contract claim is alleged against Wraps and Swat because they agreed that they were receiving Plaintiffs designs that were subject to copyright protection “with the express understanding and agreement that they were proprietary to Plaintiff, and if [either] wished to create product bearing said designs, it would have to do so through Plaintiff.” The case is titled United Fabrics International, Inc. v. J.C. Penney Corp., Inc. et al., CV08-01936 MMM (Central District Of California).