No. 19-708

Gold Value International Textile, Inc. v. Sanctuary Clothing, LLC, et al.

Lower Court: Ninth Circuit
Docketed: 2019-12-04
Status: Denied
Type: Paid
Amici (1)Response Waived Experienced Counsel
Tags: 17-usc-411 attorneys-fees copyright-infringement copyright-law copyright-ownership copyright-procedure copyright-registration copyright-validity good-faith publication publication-status statutory-interpretation
Key Terms:
Copyright JusticiabilityDoctri
Latest Conference: 2020-03-06
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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?

Docket Entries

2020-03-09
Petition DENIED.
2020-02-19
DISTRIBUTED for Conference of 3/6/2020.
2020-02-03
Waiver of right of respondents Amazon.com, Inc. and Zappos IP, Inc. to respond filed.
2020-02-03
Brief of respondents Sanctuary Clothing, LLC, Bloomindale's, Inc., Dillard's, Inc., Macy's, Inc., and Nordstrom, Inc. in opposition filed.
2020-01-03
Brief amicus curiae of American Society of Media Photographers, Inc. filed.
2019-12-27
Blanket Consent filed by Petitioner, Gold Value International Textile, Inc.
2019-12-09
Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2020.
2019-12-05
Motion to extend the time to file a response from January 3, 2020 to February 3, 2020, submitted to The Clerk.
2019-11-27
Petition for a writ of certiorari filed. (Response due January 3, 2020)
2019-10-21
Application (19A438) granted by Justice Kagan extending the time to file until November 27, 2019.
2019-10-17
Application (19A438) to extend the time to file a petition for a writ of certiorari from October 28, 2019 to November 27, 2019, submitted to Justice Kagan.

Attorneys

Amazon.com, Inc. and Zappos IP, Inc.
Jessica Strom RutherfordFerdinand IP, LLC, Respondent
American Society of Media Photographers, Inc.
Thomas Blake MaddreyMaddrey PLLC, Amicus
Thomas Blake MaddreyMaddrey PLLC, Amicus
Gold Value International Textile, Inc.
Scott Alan BurroughsDoniger / Burroughs APC, Petitioner
Scott Alan BurroughsDoniger / Burroughs APC, Petitioner
Sanctuary Clothing, LLC, Bloomindale's, Inc., Dillard's, Inc., Macy's, Inc., and Nordstrom, Inc.
Jessica Strom RutherfordFerdinand IP, LLC, Respondent
Jessica Strom RutherfordFerdinand IP, LLC, Respondent