Design Copyright Suit Against JC Penney To Proceed

Law360, New York (August 12, 2009, 1:16 PM EDT) -- A California federal judge has denied a joint motion for summary judgment filed by retailer J. C. Penney Co. and wholesaler Unger Fabric LLC in textile vendor LA Printex Industries Inc.'s copyright infringement suit, holding that a jury should determine whether a contract existed between the parties.

U.S. District Judge Florence-Marie Cooper of the Central District of California on Tuesday rejected the defendants' request, saying existing issues of fact preclude summary judgment.

The suit arose from a dispute over Unger's use of textile designs for which...
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