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United States Court of Appeals for the Ninth Circuit
December 6, 2018, Argued and Submitted, Pasadena, California; June 4, 2019, Filed
[*1142] STEEH, District Judge:
Gold Value International Textile, Inc., doing business as Fiesta Fabric ("Fiesta"), brought this action for copyright infringement against Sanctuary Clothing, LLC ("Sanctuary"), and several clothing retailers. Fiesta alleges that Sanctuary copied its fabric design, which was used to manufacture a blouse that was sold by the defendant [**3] retail outlets. Sanctuary filed a counterclaim, seeking invalidation of Fiesta's copyright. Concluding that Fiesta's copyright registration was invalid, the district court granted summary judgment in favor of Defendants. The district court determined invalidity pursuant to 17 U.S.C. § 411(b), finding that Fiesta knowingly included inaccurate information in its copyright application that would have caused the Copyright Office to deny registration. Recognizing that a valid copyright registration is a prerequisite to bringing suit, the district court dismissed Fiesta's complaint. The court also awarded attorney's fees and costs to Defendants. Fiesta appeals the final judgment as of right. Finding no error in the conclusions of the district court, we affirm.
Fiesta is a California corporation that creates textile designs and sells fabric to its customers, who use the fabric to make clothing. Sanctuary is a clothing manufacturer; the remaining defendants are retailers who purchased garments from Sanctuary and sold them to customers. Fiesta alleges that it owns the copyright in a two-dimensional textile design entitled 1461-43 ("1461 Design"). According to Fiesta, Sanctuary infringed its copyright [**4] by creating and selling clothing to retailers featuring a design substantially similar to the 1461 Design.
Effective October 24, 2013, Fiesta registered the 1461 Design under Copyright Registration No. VAu 1-151-509 ("'509 Registration"), as part of its "Grp. 029-Spring/Summer 2014" collection. In addition to the 1461 Design, the '509 Registration comprises thirty-three fabric designs. In the copyright application, Fiesta's president, Morris Ajnassian, certified that none of the works in the collection had been published as of October 23, 2013. The fabric designs were registered as an unpublished collection.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
925 F.3d 1140 *; 2019 U.S. App. LEXIS 16675 **; Copy. L. Rep. (CCH) P31,469
GOLD VALUE INTERNATIONAL TEXTILE, INC., DBA Fiesta Fabric, a California Corporation, Plaintiff-Appellant, v. SANCTUARY CLOTHING, LLC, a California Limited Liability Company; AMAZON.COM, INC., a Washington Corporation; MACY'S, INC., an Ohio Corporation; NORDSTROM, INC., a Washington Corporation; BLOOMINGDALES, INC., a New York Corporation; DILLARDS, INC., an Arkansas Corporation; ZAPPOS IP, INC., a Nevada Corporation; DOES, 1-10, Defendants-Appellees.
Subsequent History: Rehearing denied by, Rehearing, en banc, denied by Gold Value Int'l Textile, Inc. v. Sanctuary Clothing, LLC, 2019 U.S. App. LEXIS 22634 (9th Cir. Cal., July 30, 2019)
US Supreme Court certiorari denied by Gold Value Int?l Textile v. Sanctuary Clothing, 2020 U.S. LEXIS 1620 (U.S., Mar. 9, 2020)
Prior History: [**1] Appeal from the United States District Court for the Central District of California. D.C. No. 2:16-cv-00339-JAK-FFM. John A. Kronstadt, District Judge, Presiding.
Gold Value Int'l Textile, Inc. v. Sanctuary Clothing, LLC, 2017 U.S. Dist. LEXIS 222099 (C.D. Cal., Dec. 5, 2017)
registration, registered, district court, collection, fabric, invalid, designs, infringement, inaccuracy, inaccurate, inaccurate information, customers, claimant, certificate, supplementary, attorney's fees, fee award, distributed, clothing, purposes, prevailing party, summary judgment, inadvertent, prevailed, factors, textile, argues
Civil Procedure, Appeals, Standards of Review, De Novo Review, Summary Judgment, Appellate Review, Standards of Review, Judgments, Entitlement as Matter of Law, Evidentiary Considerations, Abuse of Discretion, Copyright Law, Damages, Types of Damages, Costs & Attorney Fees, Copyright Infringement Actions, Civil Infringement Actions, Judicial Review, Registration Requirement, Deposit & Registration Requirements, Registration, Error & Misstatement Correction, Scope of Copyright Protection, Publication, Acts Constituting Publication, Criminal Law & Procedure, Acts & Mental States, Mens Rea, Knowledge, Governments, Legislation, Interpretation