High Court to Consider Intent Bar in H&M Copyright Escape (1)

The Supreme Court will examine whether a copyright registration accurately reflecting a work can be invalidated without fraudulent intent as it weighs reinstating an infringement award against H&M Hennes & Mauritz LP.

Unicolors Inc. secured a nearly $800,000 award for infringement and attorneys’ fees in district court after accusing H&M of using its design in jackets and skirts. The U.S. Court of Appeals for the Ninth Circuit reversed, requiring the Copyright Office to weigh in on the validity of the copyright registration.

The Supreme Court agreed to weigh whether the Ninth Circuit erred by holding copyright law requires courts ...