Unicolors, Inc v. H&M Hennes & Mauritz, LP

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
20-915	9th Cir.	Nov 8, 2021	Feb 24, 2022	6-3	Breyer	OT 2021

Holding: Lack of either factual or legal knowledge can excuse an inaccuracy in a copyright registration under 17 U.S.C. § 411(b)(1)(A)"s safe harbor.

Judgment: Vacated and Remanded, 6-3, in an opinion by Justice Breyer on February 24, 2022. Justice Thomas filed a dissent, in which Justice Alito joined, and Justice Gorsuch joined as to all but Part II.

SCOTUSblog Coverage

Justices require actual knowledge that application was erroneous to invalidate copyright filing (Ronald Mann, February 25, 2022)
Announcement of opinions for Thursday, Feb. 24 (complete) (Angie Gou, February 24, 2022)
Justices debate consequences of failure to comply with Copyright Office formalities (Ronald Mann, November 9, 2021)
Justices to examine importance of compliance with Copyright Office formalities (Ronald Mann, November 8, 2021)
New York Second Amendment case headlines November argument calendar (Amy Howe, August 16, 2021)
Habeas restrictions, copyright and the potential return of the community caretaking exception (John Elwood, May 28, 2021)

Date	Proceedings and Orders (key to color coding)
01/04/2021	Petition for a writ of certiorari filed. (Response due February 8, 2021)
01/19/2021	Waiver of right of respondent H&M Hennes & Mauritz, L.P., et al. to respond filed.
01/27/2021	DISTRIBUTED for Conference of 2/19/2021.
02/09/2021	Response Requested. (Due March 11, 2021)
03/04/2021	Motion to extend the time to file a response from March 11, 2021 to April 1, 2021, submitted to The Clerk.
03/05/2021	Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2021.
03/11/2021	Brief amici curiae of American Society of Media Photographers and California Society of Entertainment Lawyers filed.
04/01/2021	Brief of respondents H&M Hennes & Mauritz, L.P., et al. in opposition filed.
04/12/2021	Motion 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.
04/13/2021	Motion to delay distribution of the petition for a writ certiorari until May 4, 2021 granted.
05/03/2021	Reply of petitioner Unicolors, Inc. filed. (Distributed)
05/04/2021	DISTRIBUTED for Conference of 5/20/2021.
05/24/2021	DISTRIBUTED for Conference of 5/27/2021.
06/01/2021	Petition GRANTED limited to Question 1 presented by the petition.
06/25/2021	Motion for an extension of time to file the briefs on the merits filed.
07/12/2021	Motion 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.
07/13/2021	Blanket Consent filed by Petitioner, Unicolors, Inc.
07/19/2021	Blanket Consent filed by Respondent, H&M Hennes & Mauritz, L.P., et al.
08/03/2021	Brief of petitioner Unicolors, Inc. filed.
08/03/2021	Joint appendix filed. (Statement of cost filed)
08/10/2021	Brief amicus curiae of Copyright Alliance filed.
08/10/2021	Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed.
08/10/2021	Brief amici curiae of American Society of Media Photographers and California Society of Entertainment Lawyers filed.
08/10/2021	Brief amicus curiae of American Intellectual Property Law Association filed.
08/10/2021	Brief amici curiae of Intellectual Property Law Professors filed.
08/10/2021	Brief amicus curiae of the United States filed.
08/16/2021	ARGUMENT SET FOR Monday, November 8, 2021.
09/01/2021	Record requested from the U.S.C.A. 9th Circuit.
09/21/2021	CIRCULATED
09/21/2021	Brief of respondents H&M Hennes & Mauritz, L.P., et al. filed. (Distributed)
09/22/2021	Motion 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.
09/27/2021	Brief amicus curiae of New York Intellectual Property Law Association filed. (Distributed)
09/28/2021	Brief amici curiae of Professors of Copyright Law filed. (Distributed)
09/28/2021	Brief amici curiae of Center for Democracy & Technology and Electronic Frontier Foundation filed. (Distributed)
09/28/2021	Brief amici curiae of Andrew D. Lockton and McHale & Slavin, P.A. filed. (Distributed)
09/28/2021	Brief amici curiae of California Fashion Association filed. (Distributed)
09/28/2021	Brief amicus curiae of Victoria Burke filed. (Distributed)
09/28/2021	Amicus brief of National Retail Federation not accepted for filing. (Corrected version submitted) (October 04, 2021)
09/28/2021	Brief amicus curiae of National Retail Federation filed. (Distributed)
10/12/2021	Motion 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.
10/14/2021	The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
10/14/2021	Reply of petitioner Unicolors, Inc. filed. (Distributed)
10/18/2021	The time for oral argument is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solicitor General, and 35 minutes for respondent.
11/08/2021	Argued. 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.
02/24/2022	Judgment 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.
03/28/2022	JUDGMENT ISSUED.