Eleventh Circuit Clarifies "Willfulness" Standard In Copyright Infringement Actions

Olem Shoe Corp. v. Washington Shoe Corp.

In an unpublished decision, the Court of Appeals for the Eleventh Circuit clarified its standard for willful copyright infringement when it affirmed the district court's grant of summary judgment finding that the defendants infringed copyrights in two different rain boot designs, but that such infringement was not willful.  Olem Shoe Corp. v. Washington Shoe Corp. Case No. 12-11227 (11th Cir., Jan. 12, 2015) (Eaton, J.) (non-precedential).

In 2009 and 2010, Washington Shoe sent cease-and-desist letters to Olem regarding its sales of women's rain boots that infringed copyright registrations in Washington Shoe's own "Zebra Supreme" and "Ditsy Dots" boot designs.  Olem filed an action for a declaration of non-infringement of Washington Shoe's copyrights, and Washington Shoe counterclaimed to obtain relief for copyright infringement and other state and federal claims. The court granted summary judgment to Washington Shoe for