Tangle, Inc. v. Aritzia, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TANGLE, INC., No. 23-3707 D.C. No. Plaintiff - Appellant, 4:23-cv-01196-

JSW

v.

OPINION

ARITZIA, INC.; ARITZIA

LP; UNITED STATES OF

ARITZIA, INC.,

Defendants - Appellees.

Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding

Argued and Submitted October 11, 2024 San Francisco, California

Filed January 14, 2025

Before: Lucy H. Koh and Anthony D. Johnstone, Circuit Judges, and Michael H. Simon, District Judge.*

Opinion by Judge Simon

* The Honorable Michael H. Simon, United States District Judge for the District of Oregon, sitting by designation. TANGLE, INC. V. ARITZIA, INC.

SUMMARY**

Copyright

The panel affirmed the district court’s dismissal of a claim of trade dress infringement, reversed the district court’s dismissal of a claim of infringement of copyright in kinetic and manipulable sculptures, and remanded. As to the copyright claim, the panel held that, at the pleading stage, the plaintiff adequately alleged valid copyrights in seven kinetic and manipulable…