7th Circ. Weighs In On Copyright Invalidation Procedure

Law360, New York (November 14, 2013, 6:30 PM EST) -- According to the Seventh Circuit in Delivermed Holdings LLC v. Schaltenbrand, plaintiff Mark Swift lied to the Copyright Office, rerouted customer calls to his cellphone in order to sabotage his business partners, exploited the business for personal gain and engaged in questionable litigation tactics. But Swift won his appeal anyway because the district court skipped a critical step before invalidating his copyright registration. By addressing this issue, the Seventh Circuit became the first federal appeals court to weigh in on the “curious” copyright invalidation procedure set forth in 17 U.S.C. § 411(b).

Section 411’s Curious Procedure

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