Novelty Textile Inc v. Windsor Fashions Inc et al

Filing 43

JUDGMENT by Judge Beverly Reid O'Connell. JUDGMENT IS ENTERED against Defendants for all of Plaintiffs claims asserted in this action. Defendants Windsor Fashions, Inc. and Xtaren, Inc. are jointly and severally liable to Plaintiff for $15,000 in statutory damages. IT IS SO ORDERED AND ADJUDGED. 41 (MD JS-6, Case Terminated). (rfi)

JS-6
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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NOVELTY TEXTILE, INC., a California
Corporation;

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Plaintiff,

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CASE NO.: CV12-5602-BRO (MANx)

vs.

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FINAL ORDER AND JUDGMENT

WINDSOR FASHIONS, INC., a California
Corporation; XTAREN, INC., a California
Corporation; and DOES 1 through 100,
inclusive,

Courtroom: 14—Spring St., Floor
Judge:
Hon. Beverly Reid O’Connell

Defendants.

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FINAL ORDER AND JUDGMENT

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Plaintiff Novelty Textile, Inc. (“Plaintiff”), having moved for summary judgment

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against Defendants Windsor Fashions, Inc. and Xtaren, Inc. (collectively,

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“Defendants”) on August 13, 2013, Hon. Beverly Reid O’Connell presiding, and
the evidence presented having been fully considered, the issues having been duly
heard, and the Court having granted the motion,

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IT IS HEREBY ORDERED AND ADJUDGED AS FOLLOWS:

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Findings:

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1. Plaintiff has established ownership of a valid copyright in the 1066 Design,

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as Plaintiff’s Certificate of Registration VA 1-728-356 is prima facie

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evidence of a valid copyright, and Defendants failed to rebut that

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presumption.

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2. Plaintiff’s 1066 Design and Defendants’ Infringing Garments are strikingly

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similar, and thus the only explanation for the similarity is that the Infringing

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Garments were copied from the 1066 Design.

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3. Plaintiff has requested statutory damages, and the Court finds $15,000 as a

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reasonable statutory award in this case.

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FINAL ORDER AND JUDGMENT

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Based on the above findings, JUDGMENT IS ENTERED against Defendants for

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all of Plaintiff’s claims asserted in this action. Defendants Windsor Fashions, Inc.

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and Xtaren, Inc. are jointly and severally liable to Plaintiff for $15,000 in statutory
damages.

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IT IS SO ORDERED AND ADJUDGED.

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Dated: August 28, 2013
By:
HON. BEVERLY REID O’CONNELL
United States District Court Judge

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FINAL ORDER AND JUDGMENT