EXPRESS, LLC v. Fetish Group, Inc.

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [14]

I. INTRODUCTION

This copyright case concerns a camisole. Plaintiff Express, LLC (“Express”) is a retailer of men’s and women’s clothing. Defendant Fetish Group, Inc. (“Fetish”) designs, manufactures, and distributes clothing for men, women, and children. In 2003, Fetish unveiled a camisole which featured scalloped lace edging along the hemline and around the top and a three-flower embroidery design below the right hip. Fetish claims, and in 2005 obtained, a copyright in the camisole. In 2005, Express began selling a competing camisole which resembled Fetish’s camisole in a number of ways. Fetish took note and warned Express’ counsel of its potential infringement of Fetish’s copyright. In response, Express withdrew its camisole from the market. Express, however, subsequently concluded that Fetish’s copyright was invalid. Having taken its camisole off the market at the height of the spring season in response to and reliance upon Fetish’s representations, Express filed this suit for damages and declaratory relief. Express alleges that Fetish fraudulently induced Express to stop its sales of its camisole and seeks to have…