Sports Tape Competitor Can’t Make Invalid Copyright Claim Stick

Lumos designed, developed and distributes KT Tape, its brand of kinesiology tape.  Lumos created and published a general instructional video describing the use of its tape in 2009.  Lumos published its collection of short instructional videos showing how to apply the tape for various conditions, such as finger jams and inner knee pain, in January 2012.  Lumos registered its copyrights in the videos with the U.S. Copyright Office on October 24, 2012.  Lumos filed a single work application for the collection of videos.  Lumos later filed a supplemental registration to remove the general instructional video from the copyright registration.  The Copyright Office granted both Lumos’ original and supplemental registration applications.

Lumos filed a copyright infringement suit against LifeStrength, the manufacturer of a competing kinesiology tape, for infringing Lumos’ instructional videos.  Lumos alleged that twenty of LifeStrength’s videos infringe by coping the organizational structure of Lumos’ videos; making identical use of non-essential and unique wording throughout the videos; listing nearly verbatim potential causes of injury found in the same order at the beginning of each video; using nearly identical disclaimer language; and suggesting nearly identical complementary treatments.  In response to Lumos’ motion for partial summary judgment, LifeStrength argued that Lumos’ copyright registration is invalid for failure to meet the single work registration requirements.  The district court agreed with Lumos that LifeStrength is an infringer and granted Lumos’ motion for partial summary judgment.

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