Textile pattern litigation has risen greatly: looking at four
leading plaintiffs in the space (Star Fabrics, Unicolors, L.A. Printex, and
United Fabrics Int’l.) case filings have increased: from 67 in 2011 and 62 in
2012, to 87 in 2013, and 106 in 2014 (with 95 cases filed through June 30, 2015).
Since 2009, these four parties have filed 546 cases. These companies are
represented by the Doniger Burroughs law firm, causing that firm to be the top
copyright plaintiffs firm as discussed below.
The Report further notes that:
Top plaintiffs include companies in the music (Broadcast
Music, Sony/ATV Songs, Songs of Universal, UMG Records, EMI, and more),
software (Microsoft), fashion (Coach), and textile patterns (Star Fabrics) industries.
Top Defendants include retailers (Ross Stores, TJX (TJ Maxx),
Amazon, Burlington Coat Factory, Rainbow USA, J.C. Penny, Sears, Forever 21,
Wal-mart, and Nordstroms), music labels (Universal Music, Sony Music
Entertainment, UMG Recordings), and publishing / education (Pearson Education
and John Wiley and Sons).
The Report also states that fair use is “usually” resolved
by summary judgment and includes other interesting findings such as, “About
three quarters (72.9%) of those who successfully contest ownership / validity
do so at summary judgment.” In discussing
file sharing, the Report states that many file sharing cases are brought by “erotic
website owner” Malibu Media—around 4,322 cases.
On a very controversial issue—statutory damages in copyright cases, the
Report notes that, “The District of Oregon, despite seeing 8 cases, awarded a median
of less than $1,000 in statutory damages for consent/defaults, significantly
less than the other busy districts. The Southern District of Indiana has the
highest such median award ($51,800, 11 cases).”
The Report contains a wealth of interesting information and is available, here. Enjoy!
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