Fashion Co.'s Exit From Prom Dress IP Suit Gets 2nd Circ. OK
By Matthew Heller
Law360, New York (October 15, 2012, 7:12 PM ET) -- The Second Circuit on Monday affirmed the dismissal of a copyright infringement case brought by Jovani Fashion Ltd. against another clothing designer, ruling that a prom dress is not copyrightable simply because it features sequins and crystals on the bodice and horizontal satin ruching at the waist.
The court said Jovani had taken too “narrow” a view of a garment's function in arguing that it should be allowed to sue Fiesta Fashions for allegedly aping one of its copyrighted dress designs. Jovani said design elements that...