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Article: No Matter How You Dress It Up, Pre-Registration Infringement Does Not Justify Statutory Damages Or Attorneys' Fees.(Case overview)
- Article from:
- Mondaq Business Briefing
- Article date:
- August 15, 2008
CopyrightCOPYRIGHT 2008 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The U.S. Court of Appeals for the Ninth Circuit overturned an award of statutory copyright damages and attorneys' fees, finding that since the alleged act of infringement commenced between the first publication and the effective date of copyright registration of the copyright in issue, neither was available to the copyright holder. Derek Andrew, Inc. v. Poof Apparel Corp., Case No. 07-35048 (9th Cir., June 11, 2008) (Wright, J.).
Derek Andrew, Inc's clothing line (Twisted Heart) includes tags, first used in 2003, with artwork that was not registered with the U.S. Copyright Office until June 15, 2005. Poof sells clothing lines having tags that are nearly ...