In addition to Cloudflare, an amended complaint listed 500 "Doe" defendants whose real names were unknown. The lawsuit said the Cloudflare terms say that any violation of law justifies termination of service and that "CloudFlare's policy is to investigate violations of these terms of service and terminate repeat infringers." Most of the websites selling counterfeit versions of the dresses operate from China, the lawsuit said. The companies' lawsuit said they "are two of the largest manufacturers and wholesalers of wedding dresses and social occasion wear in the United States" and "have developed many of the world's most unique and original wedding and social occasion dress patterns." They own the copyrights for those designs and for photographic images of the designs. While the ruling resolves the lawsuit's central question in Cloudflare's favor, the judge scheduled a case management conference for October 27 "to discuss what's left of the case." Hundreds of counterfeiting websites Because a reasonable jury could not-at least on this record-conclude that Cloudflare materially contributes to the underlying copyright infringement, the plaintiffs' motion for summary judgment is denied and Cloudflare's motion for summary judgment is granted. The plaintiffs claim that Cloudflare contributes to the underlying copyright infringement by providing infringers with caching, content delivery, and security services.
In an effort to more effectively stamp out infringement, the plaintiffs now go after a service common to many of the infringers: Cloudflare. The companies sought a jury trial, but Judge Vince Chhabria yesterday granted Cloudflare's motion for summary judgment in a ruling in US District Court for the Northern District of California.Ĭhhabria noted that the dressmakers have been harmed "by the proliferation of counterfeit retailers that sell knock-off dresses using the plaintiffs' copyrighted images" and that they have "gone after the infringers in a range of actions, but to no avail-every time a website is successfully shut down, a new one takes its place." Chhabria continued: Cloudflare is not liable for the copyright infringement of websites that use its content-delivery and security services, a federal judge ruled yesterday.Ĭloudflare was sued in November 2018 by Mon Cheri Bridals and Maggie Sottero Designs, two wedding dress manufacturers and sellers that alleged Cloudflare was guilty of contributory copyright infringement because it didn't terminate services for websites that infringed on the dressmakers' copyrighted designs.
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