Bird Marella Prevails on Motion for Summary Judgment in Copyright Dispute

Bird Marella attorneys Ekwan Rhow,  Kimmy Yu, and Gabriela Rivera obtained summary judgment of all claims against Forever 21, a global fashion retailer, in a copyright infringement action. The court found that Bird Marella successfully demonstrated that Forever 21 had independently created the design at issue, thereby precluding a finding of copyright infringement. After ruling that the plaintiff was unable to prove direct copyright infringement by Forever 21, the court ruled in Forever 21’s favor on the plaintiff’s remaining claims for vicarious and contributory copyright infringement.