TEXTILE SECRETS INTERNATIONAL v. YA-YA BRAND INC.
524 F. Supp. 2d 1184 (C.D. Cal. 2007)
Now pending before the Court and ready for decision is a Motion for Summary Judgment filed
by defendants Ya-Ya Brand Incorporated, Bluefly, Inc., Bop, LLC, Saks Incorporated, and Ron
Herman, Inc., on August 23, 2007.
In the operative Second Amended Complaint, plaintiff Textile Secrets International, Inc., ("TSI"
or "plaintiff") asserts three causes of action against defendants: the first, for copyright infringement
under 17 U.S.C. §101, et seq.; the second, for contributory copyright infringement; and the third, for
removing "copyright management information" in violation of 17 U.S.C. §1202(b), a provision of
the Digital Millennium Copyright Act ("DMCA"). Defendants contend that they are entitled to
summary judgment on all claims because no triable issues of fact exist regarding (1) plaintiff's own-
ership of the copyright at issue, and (2) defendants' removal of copyright management information.
* * *
Textile Secrets International, Inc., is in the business of wholesale textile designs and sales, and
is jointly owned by Dariush Pourrahmani and Shazar Pazooky. Pourrahmani operates as TSI's de-
sign director and Pazooky is in charge of the company's operations.
In 2004, TSI created a fabric design based on peacock feathers that was given the internal des-
ignation "JPG08" or "FEATHERS." TSI has a copyright registration certificate for the FEATHERS
design, which was signed by Pazooky on April 3, 2006. The copyright registration indicates that the
FEATHERS design is a "work made for hire."
Ya-Ya Brand Incorporated is a high-end clothing designer owned by Yael Aflalo. Ya-Ya de-
signs, manufactures, and sells garments to various clothing stores. Ya-Ya created five different
garment styles bearing designs similar to FEATHERS and offered them for sale for one month pri-
marily through Ya-Ya's showrooms in Los Angeles and New York. Ya-Ya sold the allegedly in-
fringing garments to several customers who, in turn, sold the garments to the public.
* * *
C. THE "DIGITAL MILLENNIUM COPYRIGHT ACT" CLAIM
Plaintiff in the third cause of action asserts that defendants violated 17 U.S.C. §1202(b), a provi-
sion of the Digital Millennium Copyright Act.
In support, plaintiff alleges that it produced "sample
The provision of the DMCA at issue, 17 U.S.C. ß 1202(b), provides the following:
No person shall, without the authority of the copyright owner or the law --
(1) intentionally remove or alter any copyright management information,
(2) distribute or import for distribution copyright management information knowing that the copyright
management information has been removed or altered without authority of the copyright owner or the law, or
(3) distribute, import for distribution, or publicly perform works, copies of works, or phonorecords, know-
ing that copyright management information has been removed or altered without authority of the copyright