Supreme Court of the United States · Official docket →
Unicolors, Inc. v. H&M Hennes & Mauritz, L.P.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-56253, 18-56548 · judgment May 29, 2020
Before the decision, about 2.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.
Questions presented
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Did the Ninth Circuit err in breaking with its own prior precedent and the findings of other circuits and the Copyright Office in holding that 17 U.S.C. § 411 requires referral to the Copyright Office where there is no indicia of fraud or material error as to the work at issue in the subject copyright registration?
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Did the Ninth Circuit misapply the publication standard by both applying Copyright Office requirements that were not in place at the time of registration and analyzing publication as of the date of registration as opposed to the later registration application date, and, if so, did the evidence support referral to the Copyright Office? LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.
Counsel of record
For petitioner
E. Joshua Rosenkranz
Orrick, Herrington & Sutcliffe LLP
For respondent
Staci Jennifer Riordan
Nixon Peabody LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
1 cert-stage · 13 merits
(6 supporting pet./neither, 7 respondent)
Argument & decision
Argued November 8, 2021 — E. Joshua Rosenkranz · Peter K. Stris. Audio and transcript
Decided February 24, 2022. Opinion by Breyer.
Proceedings
- Mar 28 2022JUDGMENT ISSUED.
- Feb 24 2022Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined, and in which Gorsuch, J., joined, except as to Part II.
- Nov 08 2021Argued. For petitioner: E. Joshua Rosenkranz, New York, N. Y.; and Melissa N. Patterson, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Peter K. Stris, Los Angeles, Cal.
- Oct 18 2021The time for oral argument is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solicitor General, and 35 minutes for respondent.
- Oct 14 2021The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
- Oct 14 2021Reply of petitioner Unicolors, Inc. filed. (Distributed)
- Oct 12 2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
- Sep 28 2021Brief amici curiae of Professors of Copyright Law filed. (Distributed)
- Sep 28 2021Brief amici curiae of Center for Democracy & Technology and Electronic Frontier Foundation filed. (Distributed)
- Sep 28 2021Brief amici curiae of Andrew D. Lockton and McHale & Slavin, P.A. filed. (Distributed)
- Sep 28 2021Brief amici curiae of California Fashion Association filed. (Distributed)
- Sep 28 2021Brief amicus curiae of Victoria Burke filed. (Distributed)
- Sep 28 2021Amicus brief of National Retail Federation not accepted for filing. (Corrected version submitted) (October 04, 2021)
- Sep 28 2021Brief amicus curiae of National Retail Federation filed. (Distributed)
- Sep 27 2021Brief amicus curiae of New York Intellectual Property Law Association filed. (Distributed)
- Sep 22 2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
- Sep 21 2021CIRCULATED
- Sep 21 2021Brief of respondents H&M Hennes & Mauritz, L.P., et al. filed. (Distributed)
- Sep 01 2021Record requested from the U.S.C.A. 9th Circuit.
- Aug 16 2021ARGUMENT SET FOR Monday, November 8, 2021.
- Aug 10 2021Brief amicus curiae of Copyright Alliance filed.
- Aug 10 2021Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed.
- Aug 10 2021Brief amici curiae of American Society of Media Photographers and California Society of Entertainment Lawyers filed.
- Aug 10 2021Brief amicus curiae of American Intellectual Property Law Association filed.
- Aug 10 2021Brief amici curiae of Intellectual Property Law Professors filed.
- Aug 10 2021Brief amicus curiae of the United States filed.
- Aug 03 2021Brief of petitioner Unicolors, Inc. filed.
- Aug 03 2021Joint appendix filed. (Statement of cost filed)
- Jul 19 2021Blanket Consent filed by Respondent, H&M Hennes & Mauritz, L.P., et al.
- Jul 13 2021Blanket Consent filed by Petitioner, Unicolors, Inc.
- Jul 12 2021Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 3, 2021. The time to file respondent's brief on the merits is extended to and including September 21, 2021.
- Jun 25 2021Motion for an extension of time to file the briefs on the merits filed.
- Jun 01 2021Petition GRANTED limited to Question 1 presented by the petition.
- May 24 2021DISTRIBUTED for Conference of 5/27/2021.
- May 04 2021DISTRIBUTED for Conference of 5/20/2021.
- May 03 2021Reply of petitioner Unicolors, Inc. filed. (Distributed)
- Apr 13 2021Motion to delay distribution of the petition for a writ certiorari until May 4, 2021 granted.
- Apr 12 2021Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 21, 2021 to May 4, 2021, submitted to The Clerk.
- Apr 01 2021Brief of respondents H&M Hennes & Mauritz, L.P., et al. in opposition filed.
- Mar 11 2021Brief amici curiae of American Society of Media Photographers and California Society of Entertainment Lawyers filed.
- Mar 05 2021Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2021.
- Mar 04 2021Motion to extend the time to file a response from March 11, 2021 to April 1, 2021, submitted to The Clerk.
- Feb 09 2021Response Requested. (Due March 11, 2021)
- Jan 27 2021DISTRIBUTED for Conference of 2/19/2021.
- Jan 19 2021Waiver of right of respondent H&M Hennes & Mauritz, L.P., et al. to respond filed.
- Jan 04 2021Petition for a writ of certiorari filed. (Response due February 8, 2021)