Aritzia Must Face Revived Copyright Suit Over Chrome Sculptures

Tangle Inc.'s tube-shaped manipulable sculptures are copyrightable across their full range of motion, and hold valid registrations to support infringement claims against apparel brand Aritzia Inc. over store window displays across North America, the Ninth Circuit ruled Tuesday.

The selection and arrangement of the sculptures’ otherwise unprotected elements, including connected identical tubular segments and material, can be copyrighted even if the elements can take different poses, according to an opinion published by the US Court of Appeals for the Ninth Circuit. The court said, “like dance, movies, and music, a moveable sculpture like Tangle’s is sufficiently ‘fixed’ to be entitled ...