Photo Credit: Anthony92931
A year and change later, a federal judge has partially dismissed the declaratory judgment complaint filed by Designer Shoe Warehouse (DSW) against Sony Music, Universal Music, and BMG. However, the wider copyright infringement battle, complete with multiple intensifying actions, is raging on.
Beneath the surface, setting aside the competing cases, all manner of firmly worded filings, a marathon discovery process, and a venue-transfer motion – more on all this in a moment – the claims themselves are straightforward enough.
Having spearheaded several similar suits, the rightsholder plaintiffs maintain that DSW (and specifically its Designer Brands parent) infringed a number of recordings and compositions in social media promo videos.
And that’s because social platforms’ pre-cleared song libraries are approved for personal but not commercial use. As such, in the rightsholders’ view, Designer Brands unlawfully incorporated their IP into marketing videos and must therefore pay up.
Unsurprisingly, the situation isn’t sitting right with Designer Brands, which, unlike the defendants in most of the aforementioned similar suits, has been firing back from the outset.
In part, this refers to the aggressive assertion that the relevant platforms’ own licensing deals also cover business users – and to seeking a declaratory judgment confirming that it didn’t actually infringe the copyrights in question.
Technically, the Columbus-headquartered company sued the initially highlighted parties after being slapped with a separate complaint from Warner Music.
Now, Judge Michael H. Watson has granted Sony Music’s motion to partially dismiss the declaratory action. According to the court, “first-to-file rule” aside, “this case is an improper anticipatory declaratory judgment action that should” make way for the major’s subsequent case.
Why use the singular “major” here? As if there wasn’t enough going on in the convoluted dispute, due to “baseless threats” of additional litigation, Designer Brands demanded a declaratory judgment against Sony Music, Universal Music, and BMG alike.
However, only Sony Music and a few of its subsidiaries followed Warner Music’s lead and sued the Designer Shoe Warehouse owner. As such, it was Sony Music alone that moved to axe the declaratory complaint; though it’s off the hook, BMG and Universal Music are still grappling with the suit.
“The declaratory judgment claims asserted against the other Defendants” – meaning those aside from Sony Music – “and the counterclaims asserted in response thereto, shall proceed,” Judge Watson wrote.
Next, a motion to transfer Sony Music v. DSW from California to Ohio is still being considered. “If the Central District of California decides that transfer is warranted, the Court will welcome the return of this litigation between Plaintiffs and the SME Defendants,” Judge Watson added.
Back to the California case, then, Designer Brands just recently informed the court of the above-described decision – with an emphasis on the latter quote. Finally, in its own action, Warner Music last month confirmed plans to supersize its claims after uncovering “evidence of numerous additional infringements” during discovery.
Said supersized claims will all but surely elicit a strong response from the Designer Shoe Warehouse owner. And while a pile of settlements suggests that the cases could be slam dunks for the rightsholders, until earlier in 2026, the same was true of their copyright litigation against ISPs.
One unanimous Supreme Court decision later, the secondary infringement landscape looks dramatically different. Of course, this isn’t to say that the DSW cases are necessarily on a similar trajectory. But it is to say that there’s a clear-cut incentive for settlement-resistant defendants to pull out all the stops when fending off in-depth claims across sweeping suits.