New York, NY — A federal judge has partially reopened a copyright lawsuit against QVC and several retail and apparel companies, allowing limited claims to move forward while leaving most of the case dismissed. The ruling gives the plaintiff another chance to pursue allegations that its textile designs were copied, but stops short of fully reviving the lawsuit.
U.S. District Judge Mary Kay Vyskocil granted in part a motion for reconsideration filed by Klauber Brothers Inc., a textile company that accused QVC, Xcel Brands, and others of infringing on its lace designs. The decision revisits an earlier dismissal but largely upholds the court’s original findings.
Court revisits earlier dismissal in design dispute
Klauber Brothers had argued the court made errors when it previously dismissed its amended complaint, including misapplying legal standards and considering arguments raised too late by defendants.
The judge rejected most of those arguments, emphasizing that motions for reconsideration face a “strict” standard and cannot be used to reargue issues already decided.
At the center of the dispute are seven textile designs that Klauber claims were copied. In its earlier ruling, the court found that only two of those designs—identified as Designs A and D—were sufficiently similar to proceed under copyright law.
Most claims remain dismissed
In the new opinion, the court declined to revisit its conclusions on the other five designs, finding no overlooked facts or controlling law that would justify reversing course.
The judge reaffirmed that courts can determine “substantial similarity” at the motion-to-dismiss stage, rejecting Klauber’s argument that such decisions must always be left to a jury.
That means claims tied to Designs B, C, E, F, and G remain dismissed.
Key Points
• Federal judge partially granted reconsideration in copyright case against QVC
• Only two of seven disputed designs remain viable in lawsuit
• Court rejected most arguments seeking to revive broader claims
Key issue shifts to whether copying occurred
While the court upheld much of its earlier dismissal, it found reconsideration appropriate on a narrower issue—whether defendants had access to and copied Klauber’s designs.
Even when designs appear similar, plaintiffs must also show that defendants had knowledge of the original work or a reasonable opportunity to copy it.
The judge signaled that this aspect of the case warranted further review, reopening a path for limited claims to proceed.
High bar for reconsideration emphasized
The ruling underscores how difficult it is to overturn prior decisions through reconsideration motions. Courts require clear evidence that key facts or legal principles were overlooked, not simply disagreement with the outcome.
The opinion cited longstanding precedent warning against using such motions to relitigate previously decided issues.
What happens next
The case will now move forward on the narrowed set of claims related to the surviving designs and allegations of copying.
All other claims remain dismissed, significantly reducing the scope of the lawsuit.
Further proceedings will determine whether Klauber can prove that the remaining designs were unlawfully copied and whether damages or other remedies are warranted.
As of now, no trial date has been set.
copyright lawsuit, QVC case, federal court New York