Payne v. Anvil Knitwear, Inc.,
No. CV 06-8100 SVW SSX, 2007 WL 1953438 (C.D. Cal. June 27, 2007), aff'd, 293 Fed. Appx. 475 (9th Cir. 2008)

We represented Anvil Knitwear, Inc. in a successful motion for summary judgment dismissing claims for copyright infringement brought by Reva and Lucretia Payne in the U.S. District Court for the Central District of California. The Paynes contended that they owned rights under copyright to certain anvil designs which were infringed by similar designs owned by Anvil. On its motion for summary judgment, Anvil provided the court with incontrovertible evidence that Anvil's designs were created years before the Paynes' designs were created, thus precluding the Paynes from proving a key element of their claim, namely, access by Anvil to the allegedly infringed works. The Court agreed, granting Anvil's motion in its entirety and dismissing the case, as well as awarding a substantial amount of attorneys' fees. The U.S. Court of Appeals for the Ninth Circuit affirmed the decision in its entirety.

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