Author - PA Pool

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UNICOLORS v. H&M: COPYRIGHT REGISTRATION VALIDITY
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GLITTERS DID NOT MAKE SUCH A SPARKLE DIFFERENCE…NOT ON THIS OCCASION!

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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GLITTERS DID NOT MAKE SUCH A SPARKLE DIFFERENCE…NOT ON THIS OCCASION!

The sparkle effect that characterizes, since the very beginning, the Blonde Salad shoes did not impress the judges of the Court of Milan in a case in which the Tecnica Group S.p.A. (“Tecnica”) appealed the competent authorities in order to defend their famous Moon Boot snow boots – inspired by the footwear used by astronauts in the 1969 moon landing – against the snow boots marketed with the Chiara Ferragni Collection’s trademark.

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