Macy’s, Dillard’s, Nordstrom and Bloomingdale’s have at least one thing to celebrate with Amazon: dodging a lawsuit.The department stores and the e-tailer, along with Zappos and the brand Sanctuary Clothing, convinced a California federal court to reject claims by Gold Value International Textile, which does business as Fiesta Fabric, that fabric design it had copyrighted had been infringed upon.While Sanctuary was deemed the manufacturer of a blouse allegedly made from a sheer fabric with an embroidered mixed-geometric design, the retailers were included in the suit as vendors and beneficiaries, according to Fiesta’s January 2016 complaint.But U.S. District Court Judge John Kronstadt on Friday handed a pre-trial win to the retailers and Sanctuary after finding that Fiesta’s copyright was invalid, mainly because the design had already been published when the textile company applied for the protection in late 2013.The U.S. Copyright Office agreed, telling Kronstadt at the end of April that Fiesta characterized the design as unpublished in its application and it would not have granted the copyright otherwise."The analysis of the [Copyright Office] response and its application of these standards are persuasive,” Kronstadt said before citing a number of similar district court cases that also ended with invalidated copyright registrations.As Fiesta’s case rested on only the one design, the judge said the company “cannot sustain its claim for copyright infringement.”Kronstadt also rejected Fiesta’s motion for reconsideration of the determination by the Copyright Office, finding its argument of a “good faith mistake” to be faulty as Fiesta purportedly knew the design at issue had been previously published, according to the order.Commenting on the result, Sanctuary counsel Jed Ferdinand said the ruling “is an important victory for the fashion industry as it continues to fight against the flood of copyright lawsuits that have been plaguing the industry for years.”A representative of Fiesta could not be reached immediately for comment.Copyright has been becoming a bigger issue in fashion, and the U.S. Supreme Court even weighed in recently with a ruling that sided with the ability of companies to copyright certain artistic elements of an apparel-based design.Apparel has long been considered a “useful article” immune from copyright protection, but fabric design has been one way around that, and textile companies regularly make use of copyrights.For More, See:Supreme Court Copyright Ruling Could Be a Coup for FashionKardashian Beauty Licensee Seeks to Sell Product Amid Trademark RowAsics Wants Adidas Suit Over Fitness Tracking Tech Nixed
@juicebeauty, where @gwynethpaltrow holds the title of creative director of makeup, has become one of the foremost labels in the organic beauty category –– with sales on track to hit $100 million this year. What’s behind the rapid growth the brand is experiencing right now? It all started in 2005 when the wellness movement was just getting started. Read more on WWD.com. #wwdbeauty
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"I want to tell a story that inspires people to feel good about themselves, but also I'm making a commentary about the lack of female stories and female directors and saying this should change," said @imheathergraham on her latest project "Half Magic." The comedy feature, which the actress wrote and directed, is based on her own struggles as a woman in show business. Read @andrewnodell's full interview with Graham on WWD.com. #wwdeye (📷: @jgreenery)
@meltcosmetics cofounders @lora_arellano and @danabomar built their brand on a single idea: a true matte lipstick. To set the brand apart, they said they always put their customers first –– including a personalized note in each package. #wwdsummits #wwdbeauty
@moncler unveiled its latest project, #MonclerGenius, yesterday at Milan Fashion Week. The Italian outwear maker gave show-goers a preview of the monthly collections – which were created by eight designers and creative talents including Pierpaolo Piccioli, Simone Rocha, Craig Green and more – that will start rolling out in the summer.