29 September 2016Copyright

Classical Silk rips into Nordstrom in copyright suit

US department store Nordstrom has been hit with a copyright infringement lawsuit by textile company Classical Silk.

Filed at the US District Court for the Central District of California on Tuesday, September 27, Classical Silk’s suit alleged that Nordstrom and fashion company MGT Industries made clothes that directly infringe one of its designs.

Classical Silk’s 2D artwork, used for textile printing, is registered with the US Copyright Office under number RIV0700535. The design features a number of brightly coloured flowers.

Fabric bearing the design has been “widely disseminated” to parties in the fashion and apparel industries, according to Classical Silk.

The suit alleged that, following distribution, the defendants sold fabric and garments featuring a “strikingly similar” design. Nordstrom allegedly sold an infringing garment bearing the label “In Bloom by Jonquil”.

Classical Silk claimed the defendants had access to illegally distributed copies of the design and garments in the marketplace made with lawfully printed fabric bearing the design.

The defendants “have committed copyright infringement with actual or constructive knowledge of plaintiff’s rights such that said acts of copyright infringement were, and continue to be, wilful, intentional and malicious”, said the suit.

The textile company is seeking injunctive relief, a jury trial, an award of all profits and costs.

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