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Validity Copyright Registration

McDermott Will & Emery

After Supreme Court Remand, Copyright Infringement Claims Upheld in View of Registrant’s Unknown Inaccuracies

McDermott Will & Emery on

In February 2022, the Supreme Court of the United States held in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., that lack of either factual or legal knowledge on the part of a copyright holder can excuse an inaccuracy in the...more

McDermott Will & Emery

Copyright Act's Safe Harbor Protects against Unknown Inaccuracies of Facts or Law

The Supreme Court of the United States held that lack of factual or legal knowledge can excuse an inaccuracy in a copyright registration under a safe harbor contained in the Copyright Act. As a result, an applicant’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

US Supreme Court Hems Challenges to Copyright Registrations

In a 6-3 decision, the US Supreme Court in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. held that a copyright registration is valid even though it contains inaccurate information—as long as the copyright holder lacked...more

Faegre Drinker Biddle & Reath LLP

SCOTUS to Decide 17 U.S.C. § 411 Referral Questions

In 2016, Unicolors, Inc., sued H&M for selling clothing that infringed a Unicolor design. The group registration that Unicolors relied on included designs that had not been published as of the publication date set forth on...more

McDermott Will & Emery

Copyright Office, Not Courts, Determines Validity of Registrations Containing Inaccurate Information

McDermott Will & Emery on

With the validity of a copyright registration at issue, the US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s judgment after a jury trial and award of attorney’s fees in favor of the plaintiff...more

McDermott Will & Emery

“Everyday I’m Hustlin’” to Ensure Valid Registrations

Addressing for the first time the 2008 amendment to the Copyright Act’s effect on the standard for invalidating a copyright registration, the US Court of Appeals for the 11th Circuit held that a copyright registration may...more

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