On the heels of New York Fashion Week (#NYFW), Lewis & Lin achieved a victory for our client, Kirat Anand, in a case involving a fashion designer’s liability for alleged copyright infringement. Lewis & Lin’s client, Mr. Anand is the founder and lead designer for the KAS NEW YORK™ fashion label, owned by Dani II, Inc.
Bonita Fabrics, Inc. obtained a default judgment in California against our client, and sought to enforce that judgment in New York. Lewis & Lin filed a motion to dismiss on the grounds that the original California court lacked personal jurisdiction over Mr. Anand because he did not personally conduct any business in California, nor did he or Dani II sell the allegedly infringing garments, or any garments, in California. Judge Robert Sweet of the Southern District of New York agreed with Lewis & Lin on all points and dismissed the case in its entirety.
Copyright litigation is an unfortunate cost of doing business in the fashion industry, as are the tactics employed by lawyers who make a living bringing dubious infringement suits. It is even more unfortunate when such lawyers contact or involve customers in their attempts to extract exorbitant settlement payments.
The decision in the case, Bonita Fabrics, Inc. v. Kirat Anand, an individual, dba KAS New York, 12 Misc. 408 (S.D.N.Y.), can be accessed here.
About Lewis & Lin, LLC:
Lewis & Lin, LLC is an Internet and Intellectual Property law firm based in Brooklyn, New York. The firm’s highly experienced legal team has helped clients worldwide secure their IP rights, as well as anticipate and resolve a diverse range of IP issues. Lewis & Lin’s particular expertise lies in Internet transactions and disputes, including domain name licensing and sale agreements, domain name hijacking claims, Uniform Domain Name Dispute Resolution Policy (UDRP) disputes, and Anti-Cybersquatting Consumer Protection Act (ACPA) litigation. The team also expertly handles licensing agreements, website user agreements, service agreements and privacy policies, as well as Internet-related trademark and copyright litigation. For further information, visit www.ilawco.com.
The U.S. District Court for the Eastern District of New York issued a judgment in favor of our client Millennium TGA, an award-winning producer of online media. Millennium operates 13 internet websites through which it releases entertainment content through subscription-based online services or video-on-demand.
The defendant, Joel Leon, spent several years stealing and redistributing Millennium’s copyrighted works. Mr. Leon used passwords that he hacked or stole from others, and then copied or posted Millennium’s content through blogs and one-click hosting sites. The material that defendant downloaded included full-length movies and photosets that Millennium made available only to paying subscribers.
Lewis & Lin commenced litigation against Leon, seeking damages for copyright infringement and violation of the Computer Fraud and Abuse Act. When defendant failed to answer or otherwise appear in the action, we sought entry of a default against him, and promptly appeared at an inquest hearing before a U.S. Magistrate Judge. Upon our motion, the court awarded both actual copyright damages and damages relating to our client’s investigation of Mr. Leon’s activities. The recommendation of the Magistrate Judge was adopted by U.S. District Judge Margo Brodie, and a judgment was issued. The case is Millennium TGA v. Leon, No. 12 CV 1360 (MKB) (EDNY).