Appellate Court vacates District Court summary judgment that there are no genuine disputes of material fact on access and substantial similarity against Aeropostale, Inc. in copyright infringment action

United States Court of Appeals for the Ninth Circuit reversed the District Court’s summary judgment that there are no genuine disputes of material fact on access and substantial similarity in L.A. Printex Industries, Inc. copyright infringment action against Aeropostale, Inc. and Ms. Bubbles, Inc.
The Court said “…..L.A. Printex’s sale of more than 50,000 yards of fabric bearing the copyrighted… design creates a genuine dispute of material fact as to whether the copyrighted design was widely disseminated. We conclude that it does.”
The Court also ruled “…….our comparison of the copyrighted design and Defendants’ allegedly infringing design leads us to conclude that a reasonable juror could find that the two designs are substantially similar.”

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