EXPRESS, LLC v. Fetish Group, Inc.

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [61]

I. INTRODUCTION

This case originated as a copyright dispute over 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. Fetish designed and obtained a copyright for a tunic referred to as the “GH268 Tunic.” In the spring of 2005, Express began selling a similar long camisole (“Long Camisole”). Fetish warned Express’ counsel of its potential infringement of Fetish’s copyright to the tunic, and in response, Express temporarily withdrew its Long Camisole from the market during the height of the 2005 spring season.

After investigating Fetish’s copyright claims, and discovering that the lace used in the .tunic was in the public domain, Express resumed sales of its Long Camisole. Express also filed suit for damages and declaratory relief. Counts I & II of Express’ complaint included claims under the Copyright Act of 1976, Count III claims that Fetish fraudulently misrepresented the scope of its copyright, and Count IV claims that Fetish committed an unlawful or unfair…