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When the relationship went sour in 2009, Swift filed suit in the Southern District of Illinois, asserting a litany of claims against his former partners, including infringement of the business’ copyrighted logo. After a bench trial, and without anyone asking that the Register of Copyrights be consulted, the District Court issued a declaratory judgment that the registration was invalid.

In order to bring the copyright claim, he first registered the logo, stating on the application that its author was an advertising firm he had hired, and that the rights had been transferred to him. In his subsequent appeal to the Seventh Circuit, Swift argued that the District Court erred by failing to ask the Register whether Swift’s material misrepresentations would have caused her to refuse registration.

Unsuccessful bidders shall be entitled to return of the deposit or surety where the chief procurement officer has required same.But Swift won his appeal anyway because the District Court skipped a critical step before invalidating his copyright registration. It goes without saying that you are not supposed to lie on your application.In so ruling, the Seventh Circuit became the first federal appeals court to weigh in on the “curious” copyright invalidation procedure set forth in 17 U. Pursuant to Section 411, providing inaccurate information to the Copyright Office may cause a court to invalidate your registration if (1) you knew the information you provided was inaccurate; and (2) the inaccuracy of the information, if known, would have caused the Register of Copyrights to refuse registration. In 2008, Congress amended Section 411 to require that a court, in the middle of a copyright infringement litigation, must seek the advice of the Register if an issue arises pertaining to fraud during the registration process. is alleged, the court shall request the Register of Copyrights to advise the court whether the inaccurate information, if known, would have caused the Register of Copyrights to refuse registration.The chief procurement officer, in his or her discretion, may require such performance bonds for bids seeking commodities or services in an amount of 0,000 or less.The City manager shall have the discretion to waive the performance bond requirement in the event of an undue hardship or emergency.

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Even though the statute appears to mandate that a court “shall” consult the Register whenever inaccuracy is alleged, “courts should tread carefully and employ this mechanism only when necessary.” Thus, a party seeking invalidation must first establish that (1) the registration application included inaccurate information and (2) the registrant knowingly included that inaccurate information.

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