9th Circ. Says Suit Against H&M Hinges On Copyright Validity

By Mike LaSusa (May 29, 2020, 7:21 PM EDT) -- The Ninth Circuit on Friday upended fashion company Unicolors Inc.'s win in a case accusing H&M of stealing a copyright-protected design, saying the trial court needs to find out if Unicolors' copyright registration holds up despite containing inaccuracies.

A three-judge panel said the California federal district court that handled the case had made a mistake when it determined that Unicolors' copyright application didn't have any inaccuracies.

The application included multiple designs, including the one allegedly infringed by H&M, but Unicolors had sought registration for the designs as a single unit. The appellate judges said that wasn't accurate because the designs weren't...

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