9th Circ. Upsets Aeropostale's IP Win Against Fabric Co.

Law360, New York (January 12, 2012, 8:49 PM EST) -- The Ninth Circuit on Thursday reversed a lower court's ruling favoring clothing retailer Aeropostale Inc. in an intellectual property dispute with fabric company LA Printex Industries Inc., saying there is a genuine dispute as to the validity of LA Printex's copyright registration.

The case centered on textile designs — one of a rose and the other of a snowflake — that were used in garments manufactured by Ms. Bubbles Inc. and sold in Aeropostale stores. LA Printex claims it owns the copyright to both designs.

The district court had concluded in 2010 that LA Printex could not prove it had offered...

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