Tim Getzoff, an intellectual property litigator at Holland & Hart, was quoted in Law Week Colorado’s Sept. 24 article entitled, “SCOTUS to Hear Key Copyright Case.” The article discusses the U.S. Supreme Court’s recent grant of certiorari in the case Fourth Estate v. Wall-Street.com, which will determine whether a party can file a copyright lawsuit before a copyright registration is issued. The high court’s decision will resolve current circuit court splits regarding this eligibility.
“[I]t’s a good thing the court has taken this case, particularly because of the ‘very clear split’ among the circuits,” Getzoff said. “The starting point is to understand that you get copyright rights even without registration; you have copyright rights as soon as you create an original work. But to file a lawsuit — you can’t enforce your copyright against an infringer unless a registration has been made, and that’s the language that’s got everyone.”
Getzoff has served as lead trial counsel in high stakes patent, trademark, and copyright litigation matters throughout the United States. Over the last 20 years, he has handled over 150 IP litigation cases in numerous federal district and appellate courts, including trials to a jury verdict or judgment in the districts of Colorado, Delaware, S.D. New York, C.D. California, Utah, Idaho, Nevada, E.D. Wisconsin, and M.D. North Carolina. In addition to his trial practice, which has included actions for temporary restraining orders and preliminary injunctions, Getzoff has practiced before the International Trade Commission, has handled numerous cases before the Trademark Trial and Appeal Board, and has conducted appeals and oral arguments before the Federal, Second, Sixth, Ninth, Tenth, and Eleventh Circuit Court of Appeals.