Best Best & Krieger News Feed

Fashion Design Copyright Infringement Victory

11 Apr 2016 00:00:00 -0800

A fashion clothing industry copyright infringement case was won by Best Best & Krieger LLP Partner Henry Welles, who represented Natural Fashions, Inc., which does business as Anu. The case was brought in federal court in Sacramento, Calif.

BOK was infringing on three Anu copyrighted fabric patterns by making competing garments using substantially similar patterns. These are signature patterns used by Natural Fashions on its flowing and colorful clothing fashion line. Fashion clothing-related copyright infringement claims are limited to the patterns on the fabric. The form, cut and design of the clothing cannot be copyrighted — as they are functional elements of the product.

A magistrate judge originally sided with the defendant , finding that the patterns in question were different enough that there was no infringement, and finding that there was no personal jurisdiction over the Texas-based BOK in California.

Welles filed objections to the magistrate’s findings, and Chief Judge Morrison C. England, Jr. of the U.S. District Court for the Eastern District of California agreed that the substantially similar nature of the patterns did in fact constitute copyright infringement. England also found that there was personal jurisdiction over BOK in California because Welles had sent a cease and desist letter to BOK prior to filing suit. This placed BOK on notice that it was intentionally infringing upon a copyright owned by a California company. BOK’s continued infringement being directed at a California resident established the necessary minimum contacts for purposes of jurisdiction.

Judgment was entered in favor of Anu and BOK is prohibited from selling the infringing products, and is ordered to provide Natural Fashions with an inventory of all its infringing products, recall them from distributors and retailers, and hand them over to Natural Fashions for destruction. BOK must also pay more than $105,000 in damages and costs.

The case is Natural Fashions, Inc. v. Best of Kashmir, et al, 2:15-CV-0033

BB&K Team Wins Case Dismissal in Complex Business Litigation

26 Feb 2016 00:00:00 -0800

Best Best & Krieger LLP Partner Franklin C. Adams, Of Counsel Thomas J. Eastmond and Associate Cathy Ta obtained summary judgment for an individual client in a highly complex and hard-fought financial and business litigation suit alleging causes of action of elder financial abuse, fraudulent misrepresentation and breach of fiduciary duty.

BB&K’s client was the principal in a pension benefits administration firm when he connected some of his high net worth clients with developers raising capital to buy, renovate and eventually sell commercial property. The project was a success: the property sold and the investors received a profitable return. However, one of the investors continued to work with the developers on other projects without BB&K’s client’s involvement, as he had left that business. When a dispute arose between the developers and the investor, the client was named as a defendant in the lawsuit filed by the investor.

The Riverside County Superior Court sided with the BB&K team’s arguments that there was no evidence of causation, harm, compensation or legal misrepresentation — all required to sustain the causes of action for trial. The client was dismissed from the action.

BB&K Wins Overtime Ruling in Appellate Court for Client

27 Jan 2016 00:00:00 -0800

Best Best & Krieger LLP Partner Howard Golds and Associate Elizabeth Han secured a ruling from a California Appellate Court that a business client’s formula for calculating an employee’s overtime rate on flat sum bonuses paid in the same pay period in which they are earned is lawful.

Dart Container Corporation of California was sued in Riverside Superior Court by a former employee, who sought class action status, claiming that Dart did not properly compute bonus overtime under California law. Dart’s written policy is to pay a $15 attendance bonus to employees who attend their regularly-scheduled weekend shift. Dart included the attendance bonus when calculating the regular rate for overtime purposes, but the former employee claimed that Dart used an incorrect formula in doing so.

When the Superior Court dismissed the case in favor of Dart on summary judgment, the former employee appealed. The Fourth District Court of Appeal published an opinion upholding the lower court’s ruling. The Court of Appeal agreed with the BB&K team’s argument that Dart’s overtime flat sum bonus formula complies with federal law, which is lawful because there is no California law on point.

To read the full opinion in Alvarado v. Dart Container Corp. of California, click here.

BB&K Prevails in Appeal of Intellectual Property and anti-SLAPP law Judgment

15 May 2015 00:00:00 -0800

Best Best & Krieger LLP Partner G. Henry Welles obtained a judgment in the U.S. Court of Appeals for the Federal Circuit in a patent infringement lawsuit brought against clients Ernie Ball, Inc. and Hohner, Inc. The CAFC judgment affirms the judgment of dismissal of the complaint, without leave to amend, entered in favor of the clients by the U.S. District Court for the Central District of California.

Ernie Ball and Hohner were sued for patent infringement by Earvana, LLC in March 2014 in the Central District of California. At issue were patents related to certain devices to improve tuning of guitars and other stringed instruments and claims of unfair competition. Welles brought a motion to dismiss the complaint under both FRCP 12(b)(6) and the California anti-SLAPP law. The District Court granted the motion in its entirety, entered judgment of dismissal without leave to amend, and awarded Ernie Ball all the attorney fees sought under the anti-SLAPP law.

Earvana appealed the decision to the CAFC, which, after briefing and oral argument, issued a judgment affirmance of the District Court decision on May 12, 2015.

BB&K Attorney Wins Trust Trial

29 Dec 2014 00:00:00 -0800

In re Gordon G. Jervis Trust, Best Best & Krieger LLP attorneyLauren Strickroth successfully represented Patricia Clayton, one of two co-trustees of the Gordon E. Jervis Trust, at trial in Riverside Superior Court. On Clayton’s behalf, Lauren asked the court to confirm the validity of a handwritten amendment to the trust, and to direct distribution of the trust pursuant to that amendment.

The other co-trustee obtained counsel and opposed the petition, arguing that the handwritten document was not a valid trust amendment. After a three-day trial, the court ruled on Dec. 22 completely in favor of Clayton. The court’s ruling will result in a significant change in the division of the trust’s assets to the four trust beneficiaries. In addition, the court identified Clayton as the prevailing party and invited a motion for attorney’s fees.

Best Best & Krieger Attorney Dons Baseball Cap for Latest Legal Conquest

19 Aug 2009 00:00:00 -0800

BB&K business attorney Margaret “Peggy” Hosking recently closed the sale of the Rancho Cucamonga Quakes, one of the premiere minor league baseball teams and an affiliate of the Los Angeles Angels of Anaheim.

Hosking represented the current owner of the Quakes - Valley Baseball, Inc. - in negotiations with the buyer group, which was led by Hall of Famer George Brett, former 3^rd baseman for the Kansas City Royals, and his brother, Bobby Brett.

The Brett family controls several minor league sports teams across the country, including the Bellingham Bells of the West Coast League and the Spokane Chiefs hockey club of the Western Hockey League. During a press conference discussing the sale, Bobby Brett likened the Quakes to the Angels, Los Angeles Dodgers and New York Yankees in the major leagues.

The sale closed Aug. 7 after approval was gained by the California League, Minor League Baseball and Major League Baseball. Hosking negotiated the sale of the team as well as the sale of the related concession company. Randi Walseth, a BB&K paralegal, was instrumental in assisting with due diligence on the deal, Hosking said.

Valley Baseball is led by Hank Stinkney, who is a longtime client of BB&K attorney Brian Reider in Ontario. Reider referred the handling of the sale to George Reyes and Hosking in the firm’s Riverside office.

Stinkney had moved the Quakes in 1993 from San Bernardino to Rancho Cucamonga, where the team has led the league in attendance every season. The team plays in the Epicenter, so named because the stadium sits in the San Bernardino County town of Rancho Cucamonga near earthquake faults.