Bandwagon, Inc. (Wilmington, MA) has sued Heritage Lace, Inc. (Pella, IA) for a declaratory judgment that it does not infringe Heritage’s copyrights in a Spider Web Panel, registered as Reg. No. VA 1-662-493.
In this case the work happens to be registered, but this brings up a series of questions that’s never been answered to my satisfaction. What happens if you want to bring a declaratory judgment action on an unregistered work? Do you have jurisdiction to do so? If yes, isn’t that unfair considering a plaintiff can’t bring an affirmative infringement action on an unregistered work?
Bandwagon, Inc. v. Heritage Lace, Inc., 10-11747-DPW (D. Mass. Oct. 13, 2010)
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