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California Court rules for JMBM Client in Fabric Design Copyright Case

Jeffer Mangels Butler & Mitchell, LLP announced that a California Federal Court granted client Forever 21, Inc.’s motion to dismiss a copyright infringement claim brought by Los Angeles Printex Industries, Inc.

Fabric design company LA Printex filed a law suit in May, 2009, claiming that a print having a repetitive anchor design was covered by copyright and that Forever 21’s sales of certain garments infringed its copyright. Represented by Rod Berman, Susan Allison and Jessica Bromall Sparkman, Forever 21, Inc. argued that assuming all of LA Printex’s allegations were true, LA Printex still could not state a claim for copyright infringement. Because the complaint did not allege that LA Printex independently created the design at issue, the Court dismissed LA Printex’s claim, albeit with leave to amend.