L.A. Printex Indus., Inc. v. Aeropostale, Inc.
676 F.3d 841 (9th Cir. 2012) Cited 233 times 3 Legal AnalysesHolding that while a floral pattern contains natural elements that are not protectible, "the original selection, coordination, and arrangement of such elements is protectible" and entitled to broad copyright protection and the substantial similarity test applies because there is a "wide range of expression for selecting, coordinating, and arranging floral elements in stylized fabric designs."
Family Dollar Stores, Inc. v. United Fabrics Int'l, Inc.
896 F. Supp. 2d 223 (S.D.N.Y. 2012) Cited 34 timesHolding that registration of purportedly unpublished collection was invalid with respect to previously published designs because error was "material" and not "technical" in nature
Neri v. Monroe
726 F.3d 989 (7th Cir. 2013) Cited 10 times 1 Legal AnalysesIn Neri, 726 F.3d at 990, the court stated that "copyright is permissible only after it has been registered," but this does answer the question of what it means to "register" the copyright.
Rogers v. Better Bus. Bureau of Metro. Hous., Inc.
887 F. Supp. 2d 722 (S.D. Tex. 2012) Cited 8 timesCivil Action No. H–10–3741. 2012-08-15 Brent ROGERS d/b/a, I–Net Spin.com, Plaintiff, v. The BETTER BUSINESS BUREAU OF METROPOLITAN HOUSTON, INC., Defendant. Jonathan C. Day, Paul Stephen Beik, Beik Law Firm PLLC, Houston, TX, for Plaintiff. Jeffrey R. Elkin, Porter Hedges, L.L.P., Jonathan M. Pierce, Paul Andrew Dyson, Houston, TX, for Defendant. NANCY K. JOHNSON Jonathan C. Day, Paul Stephen Beik, Beik Law Firm PLLC, Houston, TX, for Plaintiff. Jeffrey R. Elkin, Porter Hedges, L.L.P., Jonathan
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 348,148 times 927 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 410 - Registration of claim and issuance of certificate
17 U.S.C. § 410 Cited 1,500 times 12 Legal AnalysesFinding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid
Section 411 - Registration and civil infringement actions
17 U.S.C. § 411 Cited 1,487 times 133 Legal AnalysesIn § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.
Section 202.3 - Registration of copyright
37 C.F.R. § 202.3 Cited 149 times 5 Legal AnalysesRequiring that multiple works registered as a single published work be "included in a single unit of publication"