February 4, 2017

Getting a Copyright Registration in Advance Not Only Speeds Enforcement, but it Improves Your Remedies

By Bryan K. Wheelock, Principal

pants

On January 23, 2017, Forever 21, Inc. sued C Luce, Inc. and Cornerstone Apparel, Inc. for copyright infringement, selling copies of Forever 21’s Ikat Harem Patent.  Nothing remarkable in the story so far, but it was remarkable that Forever 21 had the foresight to register the copyright in their Ikat pattern back in 2013.  Having a registration is usually a prerequisite to bringing an infringement action.

Furthermore, if the registration is obtained within five years of first publication, the certificate of a registration is prima facie evidence of the validity of the copyright and of the facts stated in the certificate. 17 U.S.C. §410(c).  Finally if the registration is obtained before the infringement begins, a prevailing copyright owner has access to an award of statutory damages and attorneys fees.  17 U.S.C. §412.

See Forever 21, Inc. v. C Luce, Civil Action No. 2:17-cv-0553 (C.D.Cal. 2017).