Marroquin Custom Upholstery Removes Copyright Infringement Case to Northern District of Texas

On October 4, 2010, Marroquin Custom Upholstery removed a lawsuit (pdf copy of the lawsuit here) filed in Dallas County state court by Cameron Collection, Inc.  Cameron Collection’s lawsuit claims that, after Cameron Collection placed several orders with Marroquin to upholster and manufacture goods based on Cameron Collection’s designs, Marroquin used photographs of Cameron Collection’s designs on Marroquin’s website without permission.  Cameron Collection also accuses Marroquin of using Cameron Collection’s mailing list without its permission. 

Cameron Collection asserts causes of action for conversion, theft, copyright infringement, and fraud.  It seeks several hundred thousand dollars worth of damages, plus its attorney’s fees. 

We note that the case, given that it contains allegations of copyright infringement, should have filed in federal court to begin with.  28 U.S.C. § 1338(a) confers exclusive jurisdiction over copyright (and patent) cases.

Marroquin Custom Upholstery is represented by Thomas Whelan and Ashley Marino, of McGuire Craddock & Strother, P.C.

Cameron Collection, Inc. is represented by David Bell, of the Law Offices of David Bell, P.C.

Judge Kinkeade is presiding over the case.

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