LOS ANGELES – A Los Angeles company alleges one of its copyright fabric designs has been used in garments without its knowledge or consent.
Design Collection Inc. filed a complaint on March 12 in the U.S. District Court for the Central District of California against Ross Stores Inc., Merchant USA International Inc., YN Apparel Inc., Bealls Outlet Stores Inc. and Does 1-10 alleging copyright infringement.
According to the complaint, the plaintiff alleges that a substantially similar or identical version of its DC 10422 textile design was used by the defendants for clothing.
The plaintiff holds Ross Stores Inc., Merchant USA International Inc., YN Apparel Inc., Bealls Outlet Stores Inc. and Does 1-10 responsible because the defendants allegedly obtained profits that they would have not otherwise but for their infringement of the plaintiff's design.
The plaintiff requests a trial by jury and seeks judgment against defendants, award of profits from infringement, statutory damages, attorneys’ fees, prejudgment interest, costs of action, and further legal and equitable relief as the court deems proper. It is represented by Stephen M. Doniger, Scott A. Burroughs and David R. Shein of Doniger/Burroughs in Venice.
U.S. District Court for the Central District of California case number 2:18-cv-02016