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UNITED FABRICS INTERN., INC. v. C&J WEAR, INC.

No. 09-56499.

630 F.3d 1255 (2011)

UNITED FABRICS INTERNATIONAL, INC., a California Corporation, Plaintiff-Appellant, v. C&J WEAR, INC., a California Corporation individually and doing business as "Justified"; S-Twelve, a Business Entity of Form Unknown; Wear Well Knit Corporation, a Tennessee Corporation; Groove Theory, a Business Entity of Form Unknown, Defendants, and Macy's, Inc. an Ohio Corporation Erroneously Sued as Macy's Retail Holdings, Inc.; A.R.B. Inc., a New York Corporation; Lucky Kim International, Inc., a California Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 26, 2011.

Attorney(s) appearing for the Case

Scott A. Burroughs (argued) and Stephen M. Doniger , of Doniger/Burroughs APC, Culver City, CA, for plaintiff-appellant United Fabrics International, Inc.

Mark L. Eisenhut , Melinda Evans , and Scott P. Shaw (argued), of Call & Jensen, P.C., Newport Beach, CA, for defendants-appellees Macy's Retail Holdings, Inc. and A.R.B., Inc.

Before: J. CLIFFORD WALLACE and SUSAN P. GRABER, Circuit Judges, and RICHARD MILLS, Senior District Judge.

OPINION

WALLACE, Senior Circuit Judge:

United Fabrics International, Inc. (United) holds a copyright to a collection of fabric designs entitled "Ethnic Collection X." One of the fabric designs within that collection (the Design), and the collection itself, are the focus of this appeal.

United sued C&J Wear, Inc., Lucky Kim International, Inc. and Macy's, Inc. (collectively, Macy's) for infringing its copyright in the Design. United alleged that...

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