Urban Outfitters Can't Duck 2nd IP Suit Over Dress Design

Law360, New York (March 9, 2015, 9:06 PM EDT) -- A California federal court denied Urban Outfitters Inc.’s request to dismiss claims brought by Unicolors Inc., which sued the store along with Century 21 and dozens of other retailers over an allegedly infringing dress print, finding the copyright holder’s choice to file separate but related suits was not improper.

The court said Urban’s argument that the suit violated claim splitting law was incorrect because Urban and the “downstream retailers” to which it sells, and against whom Unicolor also brought claims, do not share a mutual interest. Unicolors' suit against the downstream retailers (“Unicolors II”), filed in November 2014, is the second...

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