Malibu Textiles, Inc. v. Label Lane International, Inc., No. 17-55983 (9th Cir. 2019)
Annotate this CaseThe Ninth Circuit reversed the district court's dismissal of two copyright infringement actions against defendants, accusing them of copying Malibu's lace designs. The court held that, at the pleading stage, Malibu successfully alleged ownership of valid, registered copyrights. Malibu also plausibly alleged striking similarity between Malibu's designs and defendants' designs. Furthermore, the district court abused its discretion in denying Malibu leave to amend its allegations of access for a theory of substantial similarity. Finally, the panel dismissed as moot H&M's cross-appeal from the district court's denial of attorney fees.
Court Description: Copyright. The panel reversed the district court’s dismissal of two copyright infringement actions, dismissed a cross-appeal regarding attorney fees as moot, and remanded. Malibu Textiles claimed that defendants infringed its copyrights for two floral lace designs. The panel held that, on remand following prior appeal, Malibu sufficiently alleged ownership of valid, registered copyrights. Malibu also successfully pled striking similarity between its designs and defendants’ designs. The panel further held that the district court abused its discretion in denying Malibu leave to amend its allegations of access for a theory of substantial similarity. The panel dismissed as moot one defendant’s cross- appeal from the district court’s denial of its motion for attorney fees.
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