Melbourne-born global marketplace Redbubble’s US subsidiary, Redbubble Inc., has received two “favourable decisions” regarding copyright infringement in ongoing litigation tabled by US fashion retailer Brandy Melville and gaming company Atari Interactive.
In the Atari Interactive case, the gaming company sued Redbubble for contributory and direct trademark infringement, according to court documents released yesterday. On appeal, Atari challenged the district court’s summary judgment rulings and certain trial rulings.
The United States Court of Appeals for the Ninth Circuit, which oversaw the case, upheld the district court’s judgment in Redbubble’s favour.
In the Brandy Melville case, the Ninth Circuit agreed that Redbubble cannot be held contributorily liable when third parties misuse Redbubble’s service to infringe without the company's knowledge, and remanded the case to the district court to decide any remaining issues under that legal standard.
Redbubble is an online marketplace where artists can upload their artwork to be printed on various products and sold. Court documents say Redbubble does not inspect goods before shipping, as third parties fulfil orders and shop products in Redbubble-branded packaging, with artists and consumers having no direct contact.
“We are pleased with the Ninth Circuit’s judgment,” Redbubble Group CEO and MD Martin Hosking said. “We continue to invest significantly in our processes to protect the interests of artists and rights holders on our marketplaces, and these rulings reflect our efforts.
“The decisions help us ensure that Redbubble can remain an open marketplace where hundreds of thousands of independent artists and designers can sell their creations.”
The latest Brandy Melville decision follows the original jury verdict in 2021 which found Redbubble liable, with an award of US$520,000 in damages. Redbubble believed then that certain critical findings were not supported by the evidence offered at trial.
Atari originally lost its case against Redbubble in late 2021.