Unicolors, Inc v. H&M Hennes & Mauritz, LP, No. 20-915 (2021-Nov-08)
Whether the U.S. Court of Appeals for the 9th Circuit erred 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.
QUESTION PRESENTED:
Whether the U.S. Court of Appeals for the 9th Circuit erred 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.
DateProceedings and Orders
Jan 04 2021 | Petition for a writ of certiorari filed. (Response due February 8, 2021)
Jan 19 2021 | Waiver of right of respondent H&M Hennes & Mauritz, L.P., et al. to respond filed.
Jan 27 2021 | DISTRIBUTED for Conference of 2/19/2021.
Feb 09 2021 | Response Requested. (Due March 11, 2021)
Mar 04 2021 | Motion to extend the time to file a response from March 11, 2021 to April 1, 2021, submitted to The Clerk.
Mar 05 2021 | Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2021.
Mar 11 2021 | Brief amici curiae of American Society of Media Photographers and California Society of Entertainment Lawyers filed.
Apr 01 2021 | Brief of respondents H&M Hennes & Mauritz, L.P., et al. in opposition filed.
Apr 12 2021 | Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 21, 2021 to May 4, 2021, submitted to The Clerk.
Apr 13 2021 | Motion to delay distribution of the petition for a writ certiorari until May 4, 2021 granted.
May 03 2021 | Reply of petitioner Unicolors, Inc. filed. (Distributed)
May 04 2021 | DISTRIBUTED for Conference of 5/20/2021.
May 24 2021 | DISTRIBUTED for Conference of 5/27/2021.
Jun 01 2021 | Petition GRANTED limited to Question 1 presented by the petition.
Jun 25 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jul 12 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 3, 2021. The time to file respondent's brief on the merits is extended to and including September 21, 2021.
Jul 13 2021 | Blanket Consent filed by Petitioner, Unicolors, Inc.
Jul 19 2021 | Blanket Consent filed by Respondent, H&M Hennes & Mauritz, L.P., et al.
Aug 03 2021 | Brief of petitioner Unicolors, Inc. filed.
Aug 03 2021 | Joint appendix filed.
Aug 10 2021 | Brief amicus curiae of Copyright Alliance filed.
Aug 10 2021 | Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed.
Aug 10 2021 | Brief amici curiae of American Society of Media Photographers and California Society of Entertainment Lawyers filed.
Aug 10 2021 | Brief amicus curiae of American Intellectual Property Law Association filed.
Aug 10 2021 | Brief amici curiae of Intellectual Property Law Professors filed.
Aug 10 2021 | Brief amicus curiae of the United States filed.
Aug 16 2021 | ARGUMENT SET FOR Monday, November 8, 2021.
Sep 01 2021 | Record requested from the U.S.C.A. 9th Circuit.
Sep 21 2021 | CIRCULATED
Sep 21 2021 | Brief of respondents H&M Hennes & Mauritz, L.P., et al. filed. (Distributed)
Sep 22 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Sep 27 2021 | Brief amicus curiae of New York Intellectual Property Law Association filed. (Distributed)
Sep 28 2021 | Brief amici curiae of Professors of Copyright Law filed. (Distributed)
Sep 28 2021 | Brief amici curiae of Center for Democracy & Technology and Electronic Frontier Foundation filed. (Distributed)
Sep 28 2021 | Brief amici curiae of Andrew D. Lockton and McHale & Slavin, P.A. filed. (Distributed)
Sep 28 2021 | Brief amici curiae of California Fashion Association filed. (Distributed)
Sep 28 2021 | Brief amicus curiae of Victoria Burke filed. (Distributed)
Sep 28 2021 | Amicus brief of National Retail Federation not accepted for filing. (Corrected version submitted) (October 04, 2021)
Sep 28 2021 | Brief amicus curiae of National Retail Federation filed. (Distributed)
Oct 12 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Oct 14 2021 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Oct 14 2021 | Reply of petitioner Unicolors, Inc. filed. (Distributed)
Oct 18 2021 | The time for oral argument is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solicitor General, and 35 minutes for respondent.
Nov 08 2021 | Argued. For petitioner: E. Joshua Rosenkranz, New York, N. Y.; and Melissa N. Patterson, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Peter K. Stris, Los Angeles, Cal.
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Whether the U.S. Court of Appeals for the 9th Circuit erred 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.
DateProceedings and Orders
Jan 04 2021 | Petition for a writ of certiorari filed. (Response due February 8, 2021)
Jan 19 2021 | Waiver of right of respondent H&M Hennes & Mauritz, L.P., et al. to respond filed.
Jan 27 2021 | DISTRIBUTED for Conference of 2/19/2021.
Feb 09 2021 | Response Requested. (Due March 11, 2021)
Mar 04 2021 | Motion to extend the time to file a response from March 11, 2021 to April 1, 2021, submitted to The Clerk.
Mar 05 2021 | Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2021.
Mar 11 2021 | Brief amici curiae of American Society of Media Photographers and California Society of Entertainment Lawyers filed.
Apr 01 2021 | Brief of respondents H&M Hennes & Mauritz, L.P., et al. in opposition filed.
Apr 12 2021 | Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 21, 2021 to May 4, 2021, submitted to The Clerk.
Apr 13 2021 | Motion to delay distribution of the petition for a writ certiorari until May 4, 2021 granted.
May 03 2021 | Reply of petitioner Unicolors, Inc. filed. (Distributed)
May 04 2021 | DISTRIBUTED for Conference of 5/20/2021.
May 24 2021 | DISTRIBUTED for Conference of 5/27/2021.
Jun 01 2021 | Petition GRANTED limited to Question 1 presented by the petition.
Jun 25 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jul 12 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 3, 2021. The time to file respondent's brief on the merits is extended to and including September 21, 2021.
Jul 13 2021 | Blanket Consent filed by Petitioner, Unicolors, Inc.
Jul 19 2021 | Blanket Consent filed by Respondent, H&M Hennes & Mauritz, L.P., et al.
Aug 03 2021 | Brief of petitioner Unicolors, Inc. filed.
Aug 03 2021 | Joint appendix filed.
Aug 10 2021 | Brief amicus curiae of Copyright Alliance filed.
Aug 10 2021 | Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed.
Aug 10 2021 | Brief amici curiae of American Society of Media Photographers and California Society of Entertainment Lawyers filed.
Aug 10 2021 | Brief amicus curiae of American Intellectual Property Law Association filed.
Aug 10 2021 | Brief amici curiae of Intellectual Property Law Professors filed.
Aug 10 2021 | Brief amicus curiae of the United States filed.
Aug 16 2021 | ARGUMENT SET FOR Monday, November 8, 2021.
Sep 01 2021 | Record requested from the U.S.C.A. 9th Circuit.
Sep 21 2021 | CIRCULATED
Sep 21 2021 | Brief of respondents H&M Hennes & Mauritz, L.P., et al. filed. (Distributed)
Sep 22 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Sep 27 2021 | Brief amicus curiae of New York Intellectual Property Law Association filed. (Distributed)
Sep 28 2021 | Brief amici curiae of Professors of Copyright Law filed. (Distributed)
Sep 28 2021 | Brief amici curiae of Center for Democracy & Technology and Electronic Frontier Foundation filed. (Distributed)
Sep 28 2021 | Brief amici curiae of Andrew D. Lockton and McHale & Slavin, P.A. filed. (Distributed)
Sep 28 2021 | Brief amici curiae of California Fashion Association filed. (Distributed)
Sep 28 2021 | Brief amicus curiae of Victoria Burke filed. (Distributed)
Sep 28 2021 | Amicus brief of National Retail Federation not accepted for filing. (Corrected version submitted) (October 04, 2021)
Sep 28 2021 | Brief amicus curiae of National Retail Federation filed. (Distributed)
Oct 12 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Oct 14 2021 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Oct 14 2021 | Reply of petitioner Unicolors, Inc. filed. (Distributed)
Oct 18 2021 | The time for oral argument is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solicitor General, and 35 minutes for respondent.
Nov 08 2021 | Argued. For petitioner: E. Joshua Rosenkranz, New York, N. Y.; and Melissa N. Patterson, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Peter K. Stris, Los Angeles, Cal.
