Aritzia has convinced a U.S. court to dismiss a copyright infringement lawsuit. The case, which centered around allegations that Aritzia had copied designs for hot pink, squiggle-shaped sculptures resembling Tangle Inc.’s fidget toy designs, was dismissed by Judge Jeffrey White of the Northern District of California.
The judge's decision highlighted that copyright protection only extends to works that have been "fixed" in a tangible medium of expression and that an artist's style is not protectable by copyright, as reported by CBC News. This outcome was a relief for Aritzia, as it removed the potential for substantial financial penalties that can arise from copyright infringement cases, where fines can range from $750 to $30,000 per work infringed, and up to $150,000 for willful infringement.
Aritzia’s defense argued that their window displays were not substantially similar to Tangle’s registered works, a claim that ultimately held sway with the court. The court’s decision left the door open for Tangle to amend its complaint, should they choose to pursue further legal action.
Despite the initial setback, Tangle Inc. did not relent and filed a notice of appeal to the Ninth Circuit, seeking to overturn the dismissal. The outcome of this appeal remains to be seen, but the case has already sparked discussions about the extent to which copyright law protects artistic expression, particularly in the context of visual art.
For those unfamiliar with the case, in early 2023, Aritzia was accused of copyright infringement by American toy manufacturer Tangle Inc. The controversy centered around hot pink, squiggle-shaped sculptures that appeared in Aritzia's store window displays, which Tangle alleged were too similar to its own twisty, tangley hand toys designed for fidgeting. Tangle Inc. claimed that Aritzia's marketing campaign included sculptures that infringed upon the "core expression" embodied in seven of Tangle’s copyrighted works, with the artist holding copyright over his Tangle designs since the 1980s.
