Copyright Law | Expert Legal Commentary
August 27, 2010
Cosmetic Ideas v. IAC Interactive: Adopting the “Application Approach” to Copyright Registration
Cosmetic Ideas, Inc. v. IAC/Interactivecorp
By
Ryan Smith and Thomas F. Zuber of Zuber & Taillieu
The Ninth Circuit U.S. Court of Appeals joined the Fifth and Seventh Circuits in holding that a completed application filed with the U.S. Copyright Office suffices for “registration” for litigation purposes. In Cosmetic Ideas, Inc. v. IAC/Interactivecorp. 606 F.3d 612 (9th Cir. 2010), the Ninth Circuit determined that although the plain language of the Copyright Act does not appear to particularly favor either approach, the “application approach” better comports with the purpose of the Copyright Act. Moreover, the Court noted problems resulting from application of the “registration approach” adopted by the Tenth and Eleventh Circuits.
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About the Authors
Ryan Smith is a Partner of Zuber & Taillieu, focusing on entertainment law.
Thomas F. Zuber is a Partner of Zuber & Taillieu, focusing on intellectual property protection and exploitation.
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