Crispin
Crispin v. Christian Audigier, Inc.
Opinion
Opinion
Morrow, J.
ORDER GRANTING PLAINTIFF’S MOTION FOR REVIEW OF MAGISTRATE JUDGE’S DECISION RE PLAINTIFF’S MOTION TO QUASH SUBPOENA
I. FACTUAL AND PROCEDURAL BACKGROUND
Plaintiff Buckley Crispin filed this action on December 29, 2009 against Christian Audigier, Christian Audigier, Inc. (“CAI”), and their various sublicensees. On March 19, 2010, Crispin filed a first amended complaint. Crispin alleges that between November 2005 and January 2006, he granted Audigier and CAI an oral license to use certain of his works of art in a limited manner in connection with the manufacture of certain types of garments. The agreement purportedly required Audigier and CAI to pay a specified sum for the right to reproduce each work of art on street-wear apparel and also required that they include Crispin’s logo on each garment. Crispin alleges that Audigier and CAI have not only failed to include his logo on a substantial quantity of apparel bearing his artwork, but at times they attributed the artwork to another artist or to Audigier himself. Crispin alleges that Audigier and CAI also violated his rights by sublicensing his artwork without obtaining his consent. He asserts that the artwork has now been used on…