9th Circ. Judge Warns Ruling Will Pervert Copyright Law

Law360 (February 2, 2021, 9:21 PM EST) -- A Ninth Circuit judge split from two of her colleagues on Tuesday to warn that a copyright ruling tossing a statutory damages verdict over textiles made "little sense" and would create "perverse incentives."

In a majority decision, the panel ruled that Los Angeles fabric company Desire LLC should not have been allowed to win multiple statutory infringement verdicts — totaling $480,000 — against a group of companies it accused of selling knockoffs to Burlington Coat Factory and other retailers.

The majority ruling sent the case back to U.S. District Judge Dolly M. Gee's court and wiped out the 2017 jury verdicts...

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