Gold Value International Textile, Inc. v. Sanctuary Clothing, LLC, et al.
Copyright JusticiabilityDoctri
Can a court invalidate a copyright registration and terminate a pending case based on a good-faith inclusion of inaccurate information on a copyright registration application?
QUESTIONS PRESENTED 1. Canacourt invalidate a copyright registration — and thus terminate a pending case — on the basis of a good-faith inclusion of inaccurate information on a copyright registration application, particularly when the putatively inaccurate information was not proven to be “included on the application for copyright registration with knowledge that it was inaccurate,” as required by 17 U.S.C. § 411(b)(1)(A)? 2. Is a mistake as to the “publication” status of a work the type of mistake that “would have caused the Register of Copyrights to refuse registration” of the work had it known the correct “publication” status, as contemplated by 17 U.S.C. § 411(b)(1)(B)? 3. If a court invalidates a copyright registration, should it terminate the action or shift the burden back to the copyright holder of providing ownership and originality of the copyrighted work at issue? 4. Should attorneys’ fees be awarded under 17 U.S.C. § 505 to an alleged infringer who “prevailed” only because of a technical mistake in a copyright registration?