Unicolors, Inc. v. Urban Outfitters, Inc.

The panel affirmed the district court’s judgment in favor of the plaintiff in a copyright infringement case involving fabric designs.

Affirming the district court’s summary judgment in favor of the plaintiff on the issue of copyright infringement, the panel held that the district court did not err in its application of the subjective “intrinsic test.” The panel held that where the extrinsic similarity of two works is so strong that the works are near duplicates save for superficial differences, the district court may properly conclude that no reasonable jury could find that the works are not substantially similar in their overall concept and feel. The panel also held that it was permissible to infer copying in this case, even absent evidence of access.

The panel held that the district court did not err in concluding, on summary judgment, that the plaintiff had validly registered a fabric design as part of a collection. Affirming the district court’s judgment after a jury trial on the issues of willful infringement and damages, the panel held that substantial evidence supported the jury’s verdict because the evidence showed that the defendant acted with reckless disregard for the possibility that the fabric it sampled was protected by copyright.

The panel addressed additional issues in a concurrently filed memorandum disposition.

Download Unicolors Inc. v. Urban Outfitters Inc.