Simple Mistake On Copyright Registration Could Cost $1 Million

After fabric designer Unicolors Inc. (Unicolors) won a nearly $1 million verdict against H&M in a 2016 copyright infringement case, H&M appealed, arguing that Unicolor's copyright application contained mistakes rendering it invalid. The Ninth Circuit Court of Appeals overturned the verdict, stating that Unicolors was aware of the inaccuracies in its copyright application, and therefore the copyright application should be rendered void.

If the copyright application is declared void, the entire verdict would be thrown out because a copyright registration is a prerequisite to filing a lawsuit and to receive certain types of copyright damages and attorneys' fees. Unicolors appealed, and the U.S. Supreme Court granted certiorari, agreeing to hear the case.