Copyright case: Unicolors, Inc., Petitioner v. H&M Hennes & Mauritz, L.P., USA

Author: Thomas Long (Wolters Kluwer Legal & Regulatory US)
Published: 01.08.2022
Three dissenters would have dismissed the case as improvidently granted because the petitioner appeared to address different issues in its brief from its petition for review. An inaccuracy in a copyright registration application that results from a mistake—whether of fact or of law; that is, lack of factual or legal knowledge of the inaccuracy on the part of the applicant—will not render the registration invalid, a divided Supreme Court has held in an opinion authored by Justice Breyer. Because Section 411 of the Copyright Act makes registration of a copyright a prerequisite to bringing an infringement suit, works that are…