MIAMI – A New York fabric company alleges a Hallandale clothing company used its lace designs without permission.
Malibu Textiles Inc. filed a complaint on May 23 in the U.S. District Court for the Southern District of Florida against
Muse Luxury Group LLC, doing business as The Holt Store,
and Elisea Holt
alleging copyright infringement.
According to the complaint, the plaintiff alleges that the defendants have caused and will continue to cause irreparable injury unless they are enjoined and restrained by the court from further infringing its lace designs. The plaintiff holds Muse Luxury Group LLC and Elisea Holt Fenster responsible because the defendants allegedly willfully infringed a copyrighted lace design owned and registered by plaintiff, offered more than 20 garments for sale that incorporate plaintiff's copyrighted lace design or contain a lace design that is identical to plaintiff's copyrighted designs, failed to comply with the cease and desist letter and continued to offer and advertise infringing garments on their website.
The plaintiff requests a trial by jury and seeks preliminary and permanent injunction prohibiting defendant from further infringement of its copyrighted designs, award for damages, attorneys’ fees and costs, prejudgment and post-judgment interest and such other and further relief as the court may deem just and proper.
It is represented by Robert H. Thornburg of Allen, Dyer, Doppelt, Milbrath & Gilchrist PA in Miami and Nancy E. Wolff and Marissa B. Lewis of Cowan, DeBaets, Abrahams & Sheppard LLP in New York, New York.
U.S. District Court for the Southern District of Florida Case number 0:16-cv-61102