As digital technology and the online environment transform the distribution and use of intellectual property, our Copyright & Trademark group is on the front lines in protecting and enforcing our clients’ most important creative assets. Our trial-tested team represents a wide range of clients, from entrepreneurs to major corporations, from playwrights to media giants, and from individual songwriters to the country’s largest performing rights organizations.
Intellectual Property Litigation: Justices Consider Knowledge Requirement For Inaccurate Registrations
January 12, 2022
Litigation partner Catherine Nyarady’s latest intellectual property litigation column, “Justices Consider Knowledge Requirement For Inaccurate Registrations,” appeared in the New York Law Journal. Catherine discusses Unicolors v. H&M Hennes & Mauritz, L.P., in which the U.S. Supreme Court is considering the standard by which an accused infringer must demonstrate that a copyright registrant knew of inaccuracies in a copyright registration. The Copyright Act allows creators of original works of authorship to register their copyright claims with the U.S. Copyright Office. Registration is required before an infringement action can be brought, and knowledge of inaccuracies by the registrant in a registration may be used by an accused infringer to invalidate a copyright. The outcome of this case may affect the ability of accused infringers to avoid liability by relying on inaccuracies in copyright registrations. Litigation associate Michael Milea assisted in the preparation of the article.