Mark A. Berman and Jeremy B. Stein Win AGAIN in Design-Theft Copyright Appeal on Behalf of Client Kiini, Inc.

On May 31, 2022, the U.S. Court of Appeals for the Second Circuit affirmed a grant of summary judgment in favor of HDRB&B client, Kiini, Inc., in litigation over a colorful crocheted bikini design, holding that Plaintiff Maria Solange Ferrarini’s copyright infringement claim was an “ownership” claim barred by the applicable three-year statute of limitations. The Court of Appeals also affirmed the district court’s ruling that Ferrarini’s unfair competition and other state-law claims were preempted by the U.S. Copyright Act and otherwise failed to state a cause of action as a matter of law. The appeal was briefed and argued by HDRB&B attorneys Mark A. Berman, Robin D. Fineman, and Jeremy B. Stein.