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First off today, The Fashion Law reports that Unicolors is asking the Supreme Court to take up their case against H&M, saying that the Ninth Circuit erred in overturning the lower court decision.
Unicolors, a designer of fabric patterns, accused H&M of infringing one of their designs and putting it on various garments. The lower court sided with H&M and, after a jury trial, they were awarded more than $800,000 in damages. However, that verdict disappeared after the Ninth Circuit ruled that there was an error in Unicolors’ copyright registration.
According to the Ninth Circuit, Unicolors inappropriately bundled the pattern in question as part of a collective registration. As such, the Appeals Court found that the registration was likely invalid and sent the matter down to the lower court for further hearings. However, Unicolors is appealing that decision to the Supreme Court, which may or may not take the case.
Next up today, the Kyodo News reports that the Osaka High Court has overturned a lower court decision and ordered a merchants’ association to pay artist Nobuki Yamamoto 550,000 yen ($5,200) for their installation of a sculpture similar to his.
Starting in 2014, the association installed a fake phone booth filled with goldfish in Yamatokoriyama, a town known for cultivating goldfish. The installation bore a strong resemblance to Yamamoto’s work, which was produced in 2000 and had been seen in various exhibitions across Japan.
Yamamoto sued and lost in the lower court but that decision has now been overturned. As such, the association has been ordered to pay the damages and to destroy the installation. That said, the installation was removed their version in 2018, before litigation began.
3: Morning Report: Dana White Doubles Down on Piracy Warning: ‘We’ll See How Tough They are When They Get Caught’
Finally today, Jed Meshew at MMA Fighting reports that UFC president Dana White has doubled down on previous comments and is warning that they are going to be targeting suspected pirates heavily in 2021.
The comments came at a press conference on the lead up to UFC 257. Previously, White had suggested on social media, responding to a thread where someone was offering pirated UFC content, that the company was going to start a new aggressive campaign on piracy this year.
White repeated those claims at the press conference saying that they had “overcome a hurdle in catching and prosecuting pirates” and that he was looking forward to catching them this year. White is known for having strong feelings about piracy, despite claims of not taking it personally, and the UFC has long been one of the most aggressive sports leagues for combating piracy.