B&I Wins Transfer of Copyright Dispute from Florida to Vermont

Partner Stacy Stitham has secured a transfer of a federal lawsuit filed by Exist Inc. against Brann & Isaacson client The Vermont Country Store from Florida to Vermont. The dispute centers on Vermont Country Store’s registered “ROCK FISH” fabric design copyright. After receiving a cease-and-desist letter from Vermont Country Store, Exist filed a declaratory judgment action in its home district, the Southern District of Florida. Stitham filed a motion arguing that the case should be transferred to the District of Vermont because the Florida court lacked personal jurisdiction over Vermont-based VCS. In an April 18, 2019, order, the Court, agreeing with VCS that “this is not a close call,” concluded that it lacked personal jurisdiction and transferred the case to Vermont.

The case is Exist, Inc. v. The Vermont Country Store, Inc., Civil No. 2:19-cv-58-cr (D.Vt.).