Fashion Institute of Technology and Barnes & Noble

This copyright infringement case – which was featured in the New York Post and various television news programs when it was filed – involved plaintiff’s claims that the Fashion Institute of Technology (FIT) and Barnes & Noble had made millions of dollars on sales of a “Back to School” backpack that she had designed while a student at FIT. Through aggressive early motion practice, we were able to achieve dismissal of 5 of 6 of plaintiff’s claims, including her claim that she was able to claim copyright rights in the backpack itself. By establishing that plaintiff’s rights, at most, covered only her drawing of a backpack, which had modest value, we were able to achieve a quick and favorable settlement of the case.

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