(Download) "Segrets, Inc. v. Gillman Knitwear Co., Inc." by First Circuit U.S. Court Of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Segrets, Inc. v. Gillman Knitwear Co., Inc.
- Author : First Circuit U.S. Court Of Appeals
- Release Date : January 27, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This case involves a manufacturer that specializes in designer knock-offs or reinterpretations copying the designs of another manufacturers popular sweaters. Segrets Inc., a designer and manufacturer of womens clothing, sued Gillman Knitwear Co., Inc., alleging that Gillman violated the Copyright Act, 17 U.S.C. § 101 et seq., by producing sweaters that infringed Segretss copyrighted designs. The district court granted Segrets summary judgment on three issues: the validity of its copyrights, Gillmans actual copying of Segretss designs, and infringement with respect to one Gillman sweater. After the court, relying on Chappell & Co. v. Palermo Café Co., 249 F.2d 77 (1st Cir. 1957), denied Gillmans motion for a jury trial, a magistrate judge conducted a three-day bench trial and concluded that two other Gillman sweaters infringed Segretss designs, and that Gillmans infringement was willful. The magistrate awarded Segrets statutory damages of $67,000 and attorneys fees and costs of $145,536.28. Thereafter, in 1998, the Supreme Court held there was a constitutional right to jury trial when statutory damages are claimed in copyright actions. See Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340 (1998).
 "Segrets, Inc. v. Gillman Knitwear Co., Inc." by First Circuit U.S. Court Of Appeals * eBook PDF Kindle ePub Free){kind=link}