For the second time in five years, the U.S. Court of Appeals for the Ninth Circuit has breathed new life into Malibu Textile’s claims that fast-fashion retailer H&M, among others, copied its lace designs. The most recent decision is succinct and unassuming, but it’s worth a quick read for copyright litigators and for plaintiffs attorneys more generally. It offers a clear articulation of the pleading requirements for copyright cases and a useful assessment of what questions are better left for summary judgment or a jury. It also offers a decisive rebuke of district courts that deny plaintiffs leave to amend their complaints without a solid reason for doing so.

The saga began when Malibu sued Label Lane International, Entry, and H&M for copyright infringement. The complaints alleged that defendants had illegally copied Malibu’s floral lace designs. The district court dismissed the cases with prejudice for failure to state a claim, and the Ninth Circuit reversed that decision by memorandum disposition, concluding that Malibu should have been offered a chance to cure the deficiencies in its complaints. Back the cases went to the district court, which again dismissed them with prejudice.

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