Ninth Circuit Reiterates Presumption of Validity Afforded a Copyright Registration
United Fabrics International, Inc. holds a copyright to a collection of fabric designs that it alleges defendants C&J Wear, Inc., Lucky Kim International, Inc. and Macy's, Inc. infringed. Although United Fabrics had a copyright registration for the collection, on summary judgment the district court sua sponte dismissed the case, concluding that United Fabrics lacked standing because it failed to establish ownership of a valid copyright. Specifically, the district court concluded, in part, that United Fabrics' evidence was insufficient to establish the chain of title of the source artwork for the collection to United Fabric.
The Ninth Circuit reversed, concluding that both the district court's ruling and the defendants' argument suffered from the same defect, namely, the conclusion that United Fabrics had failed to offer sufficient evidence to establish ownership of a valid copyright. That reasoning skipped a step, the Ninth Circuit concluded. Specifically, United Fabrics' copyright registration was prima facie evidence of the validity of the copyright and the facts stated in the certificate. It was therefore defendants' burden to rebut the presumption, which they had failed to do at least at this stage in the litigation:
As the copyright claimant, United is presumed to own a valid copyright, . . . and the facts stated therein, including the chain of title in the source artwork, are entitled to the presumption of truth. . . . By failing to point to any evidence indicating that the copyright was invalid, . . . Macy's has failed to rebut the presumption.
The case cite is United Fabrics Int'l, Inc. v. C&J Wear, Inc., No. 09-56499 (9th Cir. Jan. 26, 2011).
