What Is the Jurisdictional Pre-Requisite for Copyright Litigation?: Do Denim v. Fried Denim

more+
less-

On June 17, 2009, Judge Laura Taylor Swain of the Southern District of New York dismissed the copyright claims of jeans maker Do Denim against rival manufacturer Fried Denim Inc., holding that the mere filing of the copyright applications, fees and deposits did not satisfy the jurisdictional requirement that a copyright be registered before a lawsuit is initiated. Do Denim v. Fried Denim, No. 08Civ.10947, 2009 U.S. Dist. LEXIS 51512, at *7 (S.D.N.Y. June 17, 2009). This decision highlights the importance of copyright registration, as a jurisdictional prerequisite for plaintiffs hoping to protect their designs.

In 2005, Plaintiff Do Denim created two back pocket designs for its jeans -- the "Wings Design" and the "Dragon Design." Defendant Fried Denim allegedly copied these unique designs in the production and sale of its own jeans. Among other things, Plaintiff claimed that the Defendant's copying and use of the "Wings" and "Dragon" designs constituted copyright infringement.

Please see full blog post for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

more+
less-

Sheppard Mullin Richter & Hampton LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×