Archive: June 2021

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White House Provides Guidance on “Made in America” Executive Order
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UNICOLORS v. H&M: COPYRIGHT REGISTRATION VALIDITY

White House Provides Guidance on “Made in America” Executive Order

By Susan Kayser and Lauren Burke

On June 11, 2021, the White House issued initial guidance on how President Biden’s January 25, 2021 “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers” (“Order”) will be implemented.  The Order aims to ensure that the federal government is spending taxpayer money on American-made goods, by American workers, and with American-made component parts.  This is significant considering the nearly $600 billion the federal government spends annually. 

The “Made in America Office” (MIAO) established by the Order is within the Office of Management and Budget (OMB).  The MIAO will review any exceptions from or waivers of Made in America Laws filed by government agencies.  The renewed focus on “Made in America” as implemented by the MIAO will likely influence enforcement of Made in America claims as well.

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UNICOLORS v. H&M: COPYRIGHT REGISTRATION VALIDITY

By Susan Kayser and Betsy Byra

On June 1, 2021, the Supreme Court granted certiorari in the ongoing case of Unicolors v. H&M Hennes & Mauritz, L.P., No. 20-915.  With a nearly $1 million copyright verdict on the line, pattern manufacturer Unicolors, Inc.’s (“Unicolors”) fate is now at the Supreme Court to decide whether courts should refer copyright registration validity challenges to the Copyright Office where there is a known misrepresentation in the registration, but no evidence of intent to defraud.

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