Sorry, Plaintiff, You Might Not Recoup All of Your Damages

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Do these designs look identical to you? (see full article below for designs)

They do to Urban Bratz. Urban Bratz, owner of a copyright registration for its design, filed suit in the Northern District of Illinois against Spencer Gifts claiming copyright and trademark infringement among other causes of action.

Specifically, Urban Bratz claims that it created its design in November of 2008 and obtained copyright registrations in the design in February 2010 and November 2010. In March of 2009, Urban Bratz approached Spencer Gifts regarding the possibility of carrying Urban Bratz’s t-shirts with the graphic. According to the complaint, Spencer Gifts followed up with Urban Bratz to obtain additional material featuring the graphic, but apparently never asked permission to begin using the graphic in its own manufacturing or sales. In its complaint, Urban Bratz pleads that Spencer Gifts had access to Urban Bratz’s designs and that the designs are identical, such that the court should award Urban Bratz statutory damages dating from the date of the Plaintiff’s first issued copyright registration in February 2010.

Please see full article below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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