Retailers Nordstrom, Amazon, Zappos, And "Just Cavalli" Line Lose Motion To Dismiss Trademark And Copyright Claims In Lawsuit By Prominent Graffiti Artists
Renowned artists sued fashion designer Roberto Cavalli claiming his company plagiarized their artwork, additional defendants Staff USA, Nordstrom, Amazon, and Zappos, lose motion to dismiss the artists' claims, case proceeds to trial on all counts
LOS ANGELES, Feb. 17, 2015 /PRNewswire/ -- Despite Roberto Cavalli's company's recent statement addressing the lawsuit, in which they said the artists' allegations, "...have no basis in fact and are incorrect," a California federal judge allowed the case to proceed, and found Thursday, February 12, 2015, that the stylized signatures of prominent artists from a San Francisco mural could constitute copyright-identifying information, and the unauthorized inclusion of the artwork on Just Cavalli apparel sold at retailers such as Amazon and Nordstrom could constitute trademark infringement and false designation of origin under the Lanham Act.
In the recent landmark copyright and trademark infringement lawsuit against Cavalli, renowned artists Jason Williams, Victor Chapa and Jeffrey Rubin, known as Revok, Reyes, and Steel, respectively, allege that artwork used to create Roberto Cavalli's Spring Summer 2014 mass market Just Cavalli "Graffiti" collection was mechanically copied, without the artists' knowledge or permission, from the trio's legal and widely celebrated Mission District mural in San Francisco.
The mass market Just Cavalli "Graffiti" collection was distributed by major fashion licensee Staff International. The collection was sold worldwide by hundreds of retailers, including defendants Nordstrom, Amazon, and Zappos. The artists allege that the collection appears to prominently feature their original artwork, covering nearly 50 products, including men's and women's clothing, accessories, shoes, and even luggage.
In addition to suing Cavalli and licensee Staff International, the artists have recently added new defendants to the lawsuit for allegedly selling the infringing products, including luxury retailer Neiman Marcus, and e-shops YOOX and Luisa Via Roma.
Photos of the mural and the Just Cavalli collection can be found here:
http://www.theworldsbestever.com/2014/08/29/go-getem-boys/
An excerpt of the legal developments can be seen here:
http://www.law360.com/ip/articles/621306/amazon-can-t-erase-cavalli-graffiti-copyright-suit
The court documents and motion to dismiss can be found here:
http://www.scribd.com/doc/255680941/Williams-et-Al-v-Roberto-Cavalli-S-p-A-et-al-cv-14-06659 - scribd
SOURCE Erikson Law Group
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