Urban Outfitters Can't Scrap Fabric IP Loss At 9th Circ.

Law360, San Francisco (April 3, 2017, 9:27 PM EDT) -- In a published decision Monday, a Ninth Circuit panel found Urban Outfitters infringed Unicolors Inc.’s copyrighted fabric designs, ruling a lower court's application of the “intrinsic" copying test was appropriate for determining liability and correctly found that slight variations between the patterns didn’t change the fact they were near duplicates.

Urban Outfitters Inc. had appealed the district court’s summary judgment ruling of liability and the jury’s finding of willfulness in Unicolors’ suit alleging that two years after it bought rights to and copyrighted a pattern by Milk Print LLC in 2008, Urban developed a dress that used a nearly identical design....

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