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No. 20-915October Term 2020Decided Feb 24, 2022

Docket 20-915October Term 2020 (2020–2021)

Unicolors, Inc. v. H&M Hennes & Mauritz, L. P.

At this stage, the key question is whether an honest registration mistake can put a copyright lawsuit at risk.

Case status

Current stage
Decided
Latest event
Decision released Feb 24, 2022
Case Accepted
Arguments
Decision ReleasedFeb 24, 2022
What it's about

Unicolors sued H&M for copying one of its fabric designs, and H&M argued that Unicolors’ copyright registration was invalid because its application inaccurately grouped 31 designs together as a single publication. The case asked whether that kind of mistake defeats a copyright registration when the applicant did not know the information was inaccurate, including because it misunderstood the law.

Question presented

Did the Ninth Circuit err in breaking with its own prior precedent and the findings of other circuits and the Copyright Office in holding that 17 U.S.C. § 411 requires referral to the Copyright Office where there is no indicia of fraud or material error as to the work at issue in the subject copyright registration?

Case path

United States Court of Appeals for the Ninth Circuit / Decision released Feb 24, 2022

Area

Decided Supreme Court case

Briefing

What it's about

Unicolors sued H&M, saying H&M copied one of its fabric designs. H&M argued the copyright registration was invalid because Unicolors grouped 31 designs together as a single publication, and the Supreme Court was asked whether that kind of mistake requires referral to the Copyright Office even when there is no sign of fraud.

Vote

The case is pending, and no oral argument is scheduled yet. Unicolors says an innocent mistake about how the designs were published should not undermine its registration, while H&M says the error was serious enough to require referral to the Copyright Office.

Impact

The case could affect how easily creators can enforce copyrights when a registration form contains an honest mistake. That matters for businesses like textile designers, photographers, and artists who rely on registrations to sue copycats.

What's next

Watch for the Court to schedule oral argument or make another calendar move. No decision window is available yet.

What is the main fight in Unicolors v. H&M?

The fight is over whether a copyright registration stays usable when the applicant made an inaccurate statement without fraud. The specific mistake involved grouping 31 designs as one publication.

Why could this case matter beyond these two companies?

If courts treat innocent registration mistakes harshly, creators may have a harder time suing for copying. That could affect small design firms and other copyright owners.

What happens next in the Supreme Court?

The next major step is a scheduling move, especially oral argument. Until then, there is no set timeline for a Supreme Court decision.

Decision

Decision record

What the Court decided

At this stage, the key question is whether an honest registration mistake can put a copyright lawsuit at risk.

Impact

The case could affect how easily creators can enforce copyrights when a registration form contains an honest mistake. That matters for businesses like textile designers, photographers, and artists who rely on registrations to sue copycats.

Not official Court text.

Opinion documents

Timing

Decided February 24, 2022

The Court released its decision on February 24, 2022 without hearing oral argument.