The evidence must be viewed in the light most favorable to the nonmoving party. That light — however ephemeral it may be — shines bright for L.A. Printex Industries Inc. at the moment. The Ninth Circuit U.S. Court of Appeals has recently reversed an order granting the motion for summary judgment of defendants Aeropostale Inc. and Ms. Bubbles Inc. in one of Printex’s myriad copyright infringement suits and remanded the matter to the district court for trial. L.A. Printex Industries v. Aeropostale. But had defendants adduced certain evidence concerning the constituent works comprising Printex’s copyright registration, the Ninth Circuit’s decision may have been different. Instead, defendants must now prove at trial what they could not establish on summary judgment: that Printex cannot maintain a claim for infringement because it lacks a valid registration.
Background And District Court Action
Printex is a fabric printing company that also creates proprietary textile designs. Defendant Aeropostale is a mall-based clothing retailer, and defendant Ms. Bubbles is an apparel vendor that sells wholesale goods to Aeropostale. Printex alleges that defendants infringed its copyright in a textile design internally designated as G70132 by selling garments bearing a substantially similar design. The company brought suit against defendants in the Central District before federal Judge Dean Pregerson.
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