<![CDATA[ <![CDATA[United Fabrics International had previously registered numerous designs with the Copyright Office as an unpublished collection, even though many of the works had already been sold and thus were "published" under U.S. copyright law. After United Fabrics notified Family Dollar Stores that it was infringing on the design, Family Dollar Stores brought an action for a declaratory judgment that it was not infringing and that the copyright was invalid. United Fabrics brought a counterclaim for copyright infringement, and provided evidence of the design's registration with the Copyright Office. On Family Dollar's motion for summary judgment, the Southern District of New York held that because United Fabrics had incorrectly designated the design as unpublished when it admittedly had been published, the copyright registration was invalid and United Fabrics had not complied with the statutory prerequisite to obtain a copyright registration before filing suit. The opinion: Family Dollar Stores v. United Fabrics Note: Copyright registration is a prerequisite for filing a copyright infringement lawsuit, but registration is not what makes a work protected. The court dismissed the counterclaim, but it did not hold that the copyright itself was invalid. This decision demonstrates how important it is to file an accurate registration with the Copyright Office. h/t Technology & Marketing Law Blog For informational purposes only. Not legal advice.]]]]><![CDATA[> ]]>
Webinar Invite: Michael Hassard joins a virtual panel on Intellectual Property and Smart Contracts – Oct 20, 2022 3pm ET
Firm Associate Michael Hassard will be part of a virtual panel discussion on on Intellectual Property (IP), Smart Contracts, Branding, and Usage Rights. October 20, 2022 at 3pm Eastern. Sign up to attent.