L.A. Printex Industries, Inc. v. Aeropostale, Inc.

L.A. Printex Industries, Inc. (“L.A. Printex”) appeals the district court’s summary judgment order in favor of Aeropostale, Inc. and Ms. Bubbles, Inc. (“Defendants”) in L.A. Printex’s copyright infringement action. Because there are genuine disputes of material fact on access and substantial similarity, we reverse and remand.

I

L.A. Printex Industries, Inc. (“L.A. Printex”) is a Los Angeles-based fabric printing company. Ms. Bubbles is a Los Angeles-based wholesaler of men and women’s apparel. Aeropostale is a mall-based retailer that purchases apparel from Ms. Bubbles and other vendors.

In 2002, Moon Choi, an L.A. Printex designer, created a floral design called C30020. Choi created this design by hand, using a computer. On July 17, 2002, the Copyright Office issued a certificate of registration for Small Flower Group A, a group of five textile designs that includes C30020. Small Flower Group A is registered as a single unpublished collection pursuant to 37 C.F.R. § 202.3 (b)(4)(i)(B).

Between October of 2002 and May of 2006, L.A. Printex sold more than 50,000 yards of fabric bearing C30020 to its customers, who are fabric converters. Fabric converters show apparel…