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Galiano v. Harrah's Operating Company, Inc.

416 F.3d 411 (2005)

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Galiano v. Harrah’s Operating Company, Inc.

United States Court of Appeals for the Fifth Circuit

416 F.3d 411 (2005)

Facts

Gianna, Inc. (plaintiff) designed clothing and counseled companies regarding their professional attire. In August 1995, Gianna entered into an agreement with Harrah’s Entertainment, Inc. (defendant) pursuant to which Gianna was to design uniforms for some of Harrah’s casinos. Gianna thereafter produced a collection of designs of uniforms and entered into manufacturing agreements for their production. When the agreement between Gianna and Harrah’s expired and negotiations for its extension failed, the parties entered into an agreement purporting to settle all disputes. Harrah’s continued to order Gianna-designed uniforms from the manufacturers. Gianna later registered its collection of designs with the United States Copyright Office and brought suit against Harrah’s for infringement. Gianna’s complaint alleged that Harrah’s had breached their settlement agreement and infringed its copyright by continuing to use and order Gianna-designed uniforms.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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