Bloomberg Law
Nov. 5, 2021, 9:03 AM

Justices to Weigh Registration Challenges in H&M Copyright Case

Kyle Jahner
Kyle Jahner
IP Reporter

Unicolors Inc. will try to convince the U.S. Supreme Court Monday that the Ninth Circuit wrongly nixed a copyright infringement win against designer H&M Hennes & Mauritz LP over a misapplied technicality.

The fabric company hopes to revive a nearly $800,000 award it won in its lawsuit claiming H&M used its design in jackets and skirts.

The U.S. Court of Appeals for the Ninth Circuit reversed because Unicolors’ application appeared to contain inaccuracies, and because those errors required asking the U.S. Copyright Office to weigh in on the validity of the copyright registration at H&M’s request.

Monday’s oral argument will ...

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