Alpi International, Ltd. v. Anga Supply, LLC

ORDER REGARDING MOTIONS FOR SUMMARY JUDGMENT AND ORDER TO SHOW CAUSE

Plaintiff Alpi International, Ltd. (“Alpi”) produces and sells soft foam and molded plastic toys known as “stress relievers.” These squeezable toys come in a variety of shapes, and can be branded with corporate or other logos. Defendant Anga Supply, LLC (“Anga”) is a direct competitor in the same business. Alpi alleges that 18 of Anga’s products infringe its copyrighted designs. Anga has filed a counterclaim *1175 asserting that Alpi’s products infringe 43 of its copyrighted designs, the rights to which Anga purportedly purchased for $80 six months after Alpi initiated this action.

Both parties moved for summary judgment. Dkt. Nos. 44 (“Alpi Mot.”) and 46 (“Anga Mot.”). Alpi’s motion asserts that: (1) Anga cannot recover damages prior to April 28,' 2014, the date it purchased its purported rights to the 43 designs it asserts in its counterclaim; (2) Anga is not entitled to attorneys’ fees under 17 U.S.C, § 505 because Alpi’s sales of those designs predate Anga’s June 2,2014 copyright registrations; (3) Anga cannot prove infringement for several works because Alpi’s sold its designs before Anga contends they…