Tag Archives: Copyright Registration

Star Athletica and the Expansion of Useful Article Protection: Copyright Office Permits Registration of Automotive Floor Liner

The Supreme Court’s decision in Star Athletica v. Varsity Brands established a new and simplified test for determining whether useful articles can obtain copyright protection. Many have wondered, in the year since it was decided, about the practical effect of the ruling. Are there really that many items that would not have merited protection before Star Athletica, but that will get it now? … More

Registration v. Application: A Copyright Circuit Split

Registration is not required for valid copyright ownership, but it is required before you can bring a copyright infringement lawsuit. Section 411(a) of the Copyright Act provides that:

No civil action for infringement of the copyright in any United States work shall be instituted until . . . registration of the copyright claim has been made in accordance with this title. In any case,… More

Lies and the Lying Liars who Register Copyrights: Seventh Circuit Provides Guidance on “Curious” Copyright Invalidation Procedure

Medicate Pharmacy

According to the Seventh Circuit in Delivermed Holdings LLC v. Schaltenbrand, plaintiff Mark Swift lied to the Copyright Office, rerouted customer calls to his cell phone in order to sabotage his business partners, exploited the business for personal gain and engaged in questionable litigation tactics.  But Swift won his appeal anyway because the District Court skipped a critical step before invalidating his copyright registration. … More