Supreme Court: Mistakes of Law Can Excuse Inaccurate Copyright Registration

By Daniel M. Staren and David G. Barker The Supreme Court held today that lack of knowledge of either fact or law can excuse inaccuracies in a copyright registration under Section 411(b)’s safe harbor provision of the Copyright Act. Unicolors created fabric designs but did not publish them at the same time.  Later, in February 2011, Unicolors filed a single application seeking copyright registration for thirty-one designs published at different times. In 2015, Unicolors sued H&M in the Central District of California for copyright infringement. A jury found that H&M willfully infringed Unicolors’s copyright in one of its designs. H&M   Read More »

Posted in Copyright Litigation | Tagged , , ,

Share this Article:

Supreme Court to Review Copyright Statute Relating to Inaccurate Information Provided to Copyright Office

By Zachary Schroeder and Jacob C. Jones On June 1, 2021, the U.S. Supreme Court granted certiorari in Unicolors, Inc. v. H&M Hennes & Mauritz, LP.  The Court agreed to resolve whether 17 U.S.C. § 411(b) requires a district court to refer a matter to the Copyright Office where there is a claim the copyright registration holder made a knowing misrepresentation to the Copyright office in obtaining the registration, but there is no indicia of fraud or material error by the copyright holder.  H&M has asked the Court to interpret the statute as requiring referral merely upon a showing of   Read More »

Posted in Copyright Litigation, IP and Technology Litigation | Tagged , , , , , , , , , ,

Share this Article: