Firm Wins Complete Summary Judgment In Copyright and Trade Dress Action
Los Angeles, CA – June 2010
Plaintiffs, represented by a nationally known intellectual property boutique, filed suit against LTL’s clients for copyright and trade dress infringement over glass tile mosaics. After 9 months of contested discovery, LTL moved for summary judgment on all of plaintiffs’ claims.
Initially, the Central District of California agreed to dismiss only plaintiffs’ trade dress claims, noting that they failed “to produce any evidence that is properly considered in connection with a secondary meaning analysis of a trade dress claim under the Lanham Act.” However, the Court found that plaintiffs’ copyrights were valid and survived for trial”noting, however, that it would be “effectively impossible for Plaintiffs to actually prevail on their copyright infringement claims.”
Despite these statements, plaintiffs aggressively prepared for trial. During pre-trial hearings, LTL convinced the Court to entertain a second round of summary judgment motions on plaintiffs’ copyright claims, but this time on infringement. After additional briefing and oral argument, the Court also dismissed plaintiffs’ copyright claims.
LTL intends to aggressively seek its attorneys’ fees from the plaintiffs under the Copyright Act and the Lanham Act.