Decided

No. 20-915

Unicolors, Inc. v. H&M Hennes & Mauritz, L.P.

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

JUDGMENT ISSUED.

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.

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.

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.

Reply of petitioner Unicolors, Inc. filed. (Distributed)

The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.

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.

Brief amicus curiae of Victoria Burke filed. (Distributed)

Brief amicus curiae of National Retail Federation filed. (Distributed)

Amicus brief of National Retail Federation not accepted for filing. (Corrected version submitted) (October 04, 2021)

Brief amici curiae of California Fashion Association filed. (Distributed)

Brief amici curiae of Andrew D. Lockton and McHale & Slavin, P.A. filed. (Distributed)

Brief amici curiae of Center for Democracy & Technology and Electronic Frontier Foundation filed. (Distributed)

Brief amici curiae of Professors of Copyright Law filed. (Distributed)

Brief amicus curiae of New York Intellectual Property Law Association filed. (Distributed)

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.

Brief of respondents H&M Hennes & Mauritz, L.P., et al. filed. (Distributed)

CIRCULATED

Record requested from the U.S.C.A. 9th Circuit.

ARGUMENT SET FOR Monday, November 8, 2021.

Brief amici curiae of Intellectual Property Law Professors filed.

Brief amicus curiae of the United States filed.

Brief amicus curiae of American Intellectual Property Law Association filed.

Brief amici curiae of American Society of Media Photographers and California Society of Entertainment Lawyers filed.

Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed.

Brief amicus curiae of Copyright Alliance filed.

Joint appendix filed. (Statement of cost filed)

Brief of petitioner Unicolors, Inc. filed.

Blanket Consent filed by Respondent, H&M Hennes & Mauritz, L.P., et al.

Blanket Consent filed by Petitioner, Unicolors, Inc.

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.

Motion for an extension of time to file the briefs on the merits filed.

Petition GRANTED limited to Question 1 presented by the petition.

DISTRIBUTED for Conference of 5/27/2021.

Reply of petitioner Unicolors, Inc. filed. (Distributed)

Motion to delay distribution of the petition for a writ certiorari until May 4, 2021 granted.

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.

Brief of respondents H&M Hennes & Mauritz, L.P., et al. in opposition filed.

Brief amici curiae of American Society of Media Photographers and California Society of Entertainment Lawyers filed.

Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2021.

Motion to extend the time to file a response from March 11, 2021 to April 1, 2021, submitted to The Clerk.

Response Requested. (Due March 11, 2021)

DISTRIBUTED for Conference of 2/19/2021.

Waiver of right of respondent H&M Hennes & Mauritz, L.P., et al. to respond filed.

Petition for a writ of certiorari filed. (Response due February 8, 2021)

Parties

Unicolors, Inc., Petitioner, represented by E. Joshua Rosenkranz

Unicolors, Inc., Petitioner, represented by Scott Alan Burroughs

H&M Hennes & Mauritz LP, Respondent, represented by Staci Jennifer Riordan

H&M Hennes & Mauritz, L.P., et al., Respondent, represented by Peter K. Stris

Amici Curiae

American Intellectual Property Law Association, Amicus Curiae, represented by Nancy J. Mertzel

American Society of Media Photographers and California Society of Entertainment Lawyers, Amicus Curiae, represented by Thomas Blake Maddrey

Andrew D. Lockton and McHale & Slavin, P.A., Amicus Curiae, represented by Edward Fortune McHale

California Fashion Association, Amicus Curiae, represented by Morgan Elliott Pietz

California Fashion Association, Amicus Curiae, represented by Jeffrey Lewis

Center for Democracy & Technology and Electronic Frontier Foundation, Amicus Curiae, represented by Jonathan Lentine Williams

Copyright Alliance, Amicus Curiae, represented by Kelly M. Klaus

Intellectual Property Law Professors, Amicus Curiae, represented by Tyler Trent Ochoa

National Retail Federation, Amicus Curiae, represented by Samuel Gary Brooks

New York Intellectual Property Law Association, Amicus Curiae, represented by Robert Lloyd Raskopf

Professors of Copyright Law, Amicus Curiae, represented by Roy T. Englert Jr.

The Intellectual Property Law Association of Chicago, Amicus Curiae, represented by Margaret M. Duncan

Victoria Burke, Amicus Curiae, represented by John Paul O'Herron

 
Last updated: April 25, 2024