The U.S. Supreme Court granted certiorari in Unicolors, Inc v. H&M Hennes & Mauritz, LP on June 1, 2021. From a narrow view, the Court is set to decide whether the Ninth Circuit correctly found that a federal district court assessing the validity of a copyright registration with purported inaccuracies—but no indication that those inaccuracies were asserted for the purpose of fraud—must refer that registration to the Register of Copyrights for reconsideration under 17 U.S.C. § 411(b). More broadly, the Court may decide whether, to invalidate a copyright registration, the Copyright Act requires a finding that an applicant intended to defraud the Copyright Office or whether a mere material misstatement is sufficient.
