3 Count: Registration Confrontation

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1: Copyright Office, Not Courts, Determines Validity of Registrations Containing Inaccurate Information

First off today, Sarah Bro at the National Law Review reports that the Ninth Circuit Court of Appeals has overturned a district court’s jury trial and award of attorney’s fees because the lower court did not request the Register of Copyrights advise them on whether or not inaccurate information would have caused them to refuse a copyright registration.

The case at issue is Unicolors, Inc. v. H&M Hennes & Mauritz, L.P, which involves alleged infringement by H&M of a garment designed and registered by Unicolors. However, the registration for that particular garment was filed as a group registration even though it should have been filed as a single work. As a result, there’s a dispute over whether the registration is valid or not.

The court, however, decided that the registration was valid but the Ninth Circuit has said that was a matter for the U.S. Copyright Office to decide on. Namely, the question is whether the U.S. Copyright Office, had it known about the errors in registration, would have rejected it. The issue now returns to the lower court to do exactly ask the U.S. Copyright Office exactly that.

2: Alleged KickassTorrents Operator Continues to Battle US Extradition Request

Next up today, Ernesto Van der Sar at Torrentfreak writes that the alleged owner of KickassTorrents is still combatting his extradition to the United States nearly four years after the closure of his website.

The man, Artem Vaulin, was arrested some four years ago at a Polish airport. His site, KickassTorrents, had grown into the most popular pirate sites on the internet. However, the site suddenly disappeared following a criminal investigation that led to Vaulin’s arrest.

Vaulin, who was born in Ukraine, has been fighting extradition ever since. Things appeared to be headed toward a quick conclusion when, in 2017, a court ruled that he could be extradited. However, a required second proceeding for the Minister of Justice to confirm that decision has not been held. There has been no progress on this case since then, a fact confirmed by both Vaulin’s legal team and the U.S. government, that latter of which responded to a district court’s request for an update on the case.

3: Bar Wrestling Says WWE Took Down Clip For Copyright Infringement

Finally today, Jeremy Thomas at 411Mania reports that World Wrestling Entertainment (WWE) has filed a Digital Millennium Copyright Act (DMCA) takedown notice against an independent wrestling promotion named Bar Wrestling over a match featuring a current WWE wrestler.

The notice was filed with Twitter over a match between now-WWE star Jake Atlas and now-AEW star Brian Cage. However, the match between them took place at a Bar Wrestling event back when the two men were with the promotion.

Given that the match was recorded by Bar Wrestling, the video is owned by them, making the reason for the takedown unclear. The match remains available on YouTube. Cage, the other performer in the match, tweeted his support for Bar Wrestling.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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