2007 Textile Abridged

2007 Textile Abridged - TEXTILE SECRETS INTERNATIONAL v...

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1 TEXTILE SECRETS INTERNATIONAL v. YA-YA BRAND INC. 524 F. Supp. 2d 1184 (C.D. Cal. 2007) I. BACKGROUND 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. * * * III. FACTUAL SUMMARY 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. 1 In support, plaintiff alleges that it produced "sample 1 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
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This note was uploaded on 01/13/2012 for the course LAW 33800A taught by Professor Williamfisher during the Fall '10 term at Harvard.

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2007 Textile Abridged - TEXTILE SECRETS INTERNATIONAL v...

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