3 Count: Unicolors Redux

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1: Ninth Circuit Affirms Validity of Unicolors’ Copyright Registration on Remand, But H&M Scores Big on Remittitur Calculations

First off today, Steve Brachmann at IPWatchdog reports that the Ninth Circuit Court of appeals has affirmed the validity of Unicolors’ copyright registration but handed H&M a key victory when it comes to potential damages.

The lawsuit was filed by Unicolors, which accused H&M of infringing a 2011 design that they created as part of a 2015 one H&M sold in their stores and online. Unicolors won at the district court, but that was overturned over issues with the copyright registration. That issue went to the Supreme Court, which ruled that the copyright registrations were valid because the error was unintentional and there is no proof they were aware of the problem.

The Ninth Circuit has affirmed that decision, but has limited the amount of damages that Unicolors may recover by limiting it to just sales in the United States. Previously, the court had ruled they could claim damages for international sales, though the Ninth Circuit has ruled that is not proper.

2: Ruling Opens the Door to Protecting Room Design Under the Copyright Act

Next up today, Jane Wang and Li-Ying Lin at IAM write that, in Taiwan, a new court ruling could open the door to copyright protection for the interior designs of rooms.

The case was brought by LDC Hotels & Resorts against Sheraton Taitung Hotel. According to LDC, Sheraton copied the design of the rooms at their five-start hotel, Palais de Chine. They further claimed that Sheraton’s chairman stayed at the hotel for two nights, prior to Sheraton renovating their hotel.

Sheraton did not deny that their CEO stayed at the hotel nor that elements, namely furniture elements, were similar. However, they claimed that this was standard practice and, furthermore, interior design does not qualify as an architectural work and, as such, is not protectable by copyright. However, in October, the IP and Commercial Court ruled that interior design could be protected by copyright, though it ultimately opted to rule against LDC in the case as the furniture and decorations were irrelevant.

3: Dua Lipa Hits Back at Another of the Levitating Song-Theft Lawsuits

Finally today, Chris Cooke at Complete Music Update reports that lawyers representing Dua Lipa have filed a motion to dismiss in a lawsuit over Lipa’s 2020 hit song Levitating.

The lawsuit was filed by members of the band Artikal Sound System, which accused Lipa of using elements from their 2017 song Live Your Life in the song. However, lawyers working for Lipa are now responding to those allegations, calling attention to how sparse the original complaint is when identifying what was copied.

In their motion to dismiss, Lipa’s lawyers said that the lawsuit was “devoid of a shred of factual detail” both when looking at the similarities between the songs and how Lipa would have had access to the work. Artikal Sound System has not responded to the motion. As such, they are asking the lawsuit to be tossed before moving any closer to a trial.

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