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Intellectual Property Law

New Matter SUMMER 2019, Volume 44, Number 2

Ninth Circuit Report

Anne-Marie Dao
Mintz Levin

Hello Ninth Circuit column readers! I hope you are enjoying a fabulous summer thus far. This issue’s Report brings resolution of a circuit split from the United States Supreme Court about copyrights, and discusses trademarks, and hamburgers.

COPYRIGHTS NEED TO BE REGISTERED BEFORE INFRINGEMENT SUITS CAN BE FILED

On March 5, 2019, the U.S. Supreme Court held that bringing a suit for copyright infringement requires the infringed work to actually be registered with the U.S. Copyright Office ("Copyright Office"). Specifically, having a pending application for registration with the Copyright Oice will not suice.

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