United Fabrics Int'l, Inc. v. C&J Wear, Inc., 630 F.3d 1255 (9th Cir. 2011). · Go Syfert
United Fabrics Int'l, Inc. v. C&J Wear, Inc., 630 F.3d 1255 (9th Cir. 2011). Cases Citing This Book View Copy Cite
“a copyright registration is 'prima facie 8 evidence of the validity of the copyright.”
60 citation events (60 in the last 25 years) across 18 distinct courts.
Strongest positive: Coe v. Red Voice Media Incorporated (azd, 2025-03-26)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Coe v. Red Voice Media Incorporated
D. Ariz. · 2025 · quote attribution · 1 verbatim quote · confidence high
a copyright registration is 'prima facie 8 evidence of the validity of the copyright.
discussed Cited as authority (rule) Yellowcake, Inc. v. Morena Music, Inc.
E.D. Cal. · 2025 · confidence medium
Yellowcake has met its burden of showing prima facie 19 evidence of ownership by presenting USCO issued Certificates of Registration for the Albums. 20 Therefore, the burden shifts to Morena to “rebut[ ] the facts set forth in the copyright certificate.” 21 United Fabrics Int’l, Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir. 2011). “‘To rebut the 22 presumption [of validity], an infringement defendant must simply offer some evidence or proof to 23 dispute or deny the plaintiff's prima facie case of infringement.’” Id. 24 Morena contends Yellowcake “has not met its burden…
discussed Cited as authority (rule) Morrow v. Stay Winning Boutique, LLC
E.D. Cal. · 2025 · confidence medium
“A 18 copyright registration is prima facie evidence of the validity of the copyright and the facts stated 19 in the certificate.” United Fabrics Int’l, Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir. 20 2011) (internal citations omitted).
discussed Cited as authority (rule) Chosen Figure LLC v. Kerwin Frost Entertainment LLC
C.D. Cal. · 2025 · confidence medium
Outfitters, Inc., 853 F.3d 980, 984 (9th Cir. 4 2017) (quoting Pasillas v. McDonald’s Corp., 927 F.2d 440 , 442 (9th Cir. 1991)). 5 First, a “copyright registration is ‘prima facie evidence of the validity of the 6 copyright.’” United Fabrics Int’l, Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir. 7 2011) (quoting 17 U.S.C. § 410 (c)).
discussed Cited as authority (rule) Larry Philpot v. Independent Journal Review
4th Cir. · 2024 · confidence medium
See 37 C.F.R. § 202.3 (b)(5)(i–ii) (2022); United Fabrics Int’l, Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1259 (9th Cir. 2011) (“When one registers a collection of works in a single copyright, it can be registered either as a ‘published’ or an ‘unpublished’ collection.” (citing 37 C.F.R. § 202.3 (b)(4))); Gold Value Int’l Textile, Inc. v. Sanctuary Clothing, LLC, 925 F.3d 1140 , 1145–46 (9th Cir. 2019) (characterizing inclusion of published works in unpublished collection as “inaccuracy”), abrogated on other grounds by Unicolors, 595 U.S. at 178 .
discussed Cited as authority (rule) Bridgeport Music, Inc. v. Tufamerica, Inc.
S.D.N.Y. · 2023 · confidence medium
In sum, Jim Henson Productions does not hold that a party cannot assert copyright ownership absent evidence of an agreement transferring ownership of the relevant copyright to that party. 17 claimants)) The “facts stated [in Defendants’ copyright registrations], including the chain of title ... [are] entitled to the presumption of truth.” See United Fabrics Int’l, Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1258 (9th Cir. 2011).
discussed Cited as authority (rule) Columbia Pictures Industries, Inc. v. Alejandro Galindo
C.D. Cal. · 2022 · confidence medium
“A copyright 6 registration is ‘prima facie evidence of the validity of the copyright and the facts stated in the 7 certificate.’” United Fabrics Int’l, Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir. 2011) 8 (quoting 17 U.S.C. § 410 (c)). 9 Plaintiffs have provided a “representative list of titles, along with their [federal] registration 10 numbers, as to which [the Nitro] Defendants have directly and secondarily infringed.” SAC ¶ 22; id., 11 Ex.
cited Cited as authority (rule) UNICOLORS, INC. V. H&M HENNES & MAURITZ, LP
9th Cir. · 2022 · confidence medium
Printex Indus., Inc. v. Aeropostale, Inc., 676 F.3d 841, 854 (9th Cir. 2012); United Fabrics Int’l, Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1259 (9th Cir. 2011).
discussed Cited as authority (rule) Desirous Parties Unlimited Incorporated v. Right Connection Incorporated
D. Nev. · 2022 · confidence medium
PI 13:14–16). 14 A certificate of copyright registration constitutes prima facie evidence of a copyright’s 15 validity, creating a rebuttable presumption of validity. 17 U.S.C. § 410 (c); United Fabrics Int’l, 16 Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir. 2011); Apple Computer, Inc. v. Formula 17 Intern.
discussed Cited as authority (rule) Carlos Vila v. Deadly Doll, Inc.
C.D. Cal. · 2022 · confidence medium
First, and most significantly, Vila does not 13 provide any precedent to support a finding that inconsistencies between copyright dates 14 alleged in a complaint and those dates depicted on the copyright registration, render the 15 copyright registration void or cancellable so as to entitle a movant to judgment on the 16 pleadings. 17 Next, for purposes of this Motion, the Court must accept as true all the allegations 18 in the Counterclaims, Twombly, 550 U.S. at 555–56, and Deadly Doll’s copyright 19 registration is entitled to a presumption of validity, United Fabrics Int'l, Inc. v. C&J …
discussed Cited as authority (rule) Strike 3 Holdings, LLC v. Trevor Wise fka John Doe infringer identified as using IP address 47.150.2.180
C.D. Cal. · 2022 · confidence medium
United Fabrics Int’l, 3 || Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir. 2011). 4 Strike 3 did not attach copyright registration certificates for the Films to either 5 | the complaint or the instant motion.
cited Cited as authority (rule) Suzhou Angela Online Game Technology Co., Ltd. v. Snail Games USA Inc.
C.D. Cal. · 2022 · confidence medium
Inc., 630 F.3d 1255, 1257 (9th Cir. 2011) (quoting 17 U.S.C. § 410 (c)).8 Moreover, “Ts]Jource code is undoubtedly a trade secret.” Integral Dev.
discussed Cited as authority (rule) Design Basics, LLC v. Mitch Harris Building Company, Incorporated
E.D. Mich. · 2021 · confidence medium
To rebut the presumption of validity, the defendant “must simply offer some evidence or proof to dispute or deny the plaintiff’s prima facie case of infringement.” United Fabrics Int’l, Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir. 2011) (citations omitted).
discussed Cited as authority (rule) TD Ameritrade Holding Corporation v. Matthews
D. Alaska · 2021 · confidence medium
Inc., 122 F.3d 1211 , 1217 (9th Cir. 1997). 16 Desire, LLC v. Manna Textiles, Inc., 986 F.3d 1253, 1259 (9th Cir. 2021) (quoting United Fabrics Int’l, Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir. 2011)). 17 Docket 196 at 6 (Mot.). 18 17 U.S.C. § 408 (a); see also Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881, 887 (2019) (“[A]n owner’s rights exist apart from registration . . . .”).
discussed Cited as authority (rule) Dr. Seuss Enterprises, L.P. v. ComicMix LLC
S.D. Cal. · 2021 · confidence medium
“To rebut the presumption [of validity], an 28 infringement defendant must simply offer some evidence or proof to dispute or deny the 1 plaintiff’s prima facie case of infringement.” United Fabrics Int’l, Inc. v. C&J Wear, Inc., 2 630 F.3d 1255, 1257 (9th Cir. 2011) (quoting Lamps Plus, Inc. v. Seattle Lighting Fixture 3 Co., 345 F.3d 1140, 1144 (9th Cir. 2003)) (internal quotation marks omitted). 4 “The second prong of the infringement analysis contains two separate components: 5 ‘copying’ and ‘unlawful appropriation.’” Skidmore as Tr. for Randy Craig Wolfe Tr. v. 6 Led Ze…
discussed Cited as authority (rule) Duffy Archive Limited v. Club Los Globos Corporation
C.D. Cal. · 2021 · confidence medium
Co., 499 U.S. 340, 361 (1991)). 17 First, “[a] copyright registration is ‘prima facie evidence of the validity of the 18 copyright.’” United Fabrics Int’l, Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir. 19 2011) (first citing 17 U.S.C. § 410 (c); and then citing S.O.S., Inc. v. Payday, Inc., 20 886 F.2d 1081, 1085 (9th Cir. 1989)).
cited Cited as authority (rule) Midlevelu, LLC v. ACI Information Group
11th Cir. · 2021 · confidence medium
United Fabrics Int’l, Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1258 (9th Cir. 2011).
discussed Cited as authority (rule) Sid Avery and Associates, Inc. v. Pixels.com, LLC
C.D. Cal. · 2021 · confidence medium
A copyright registration is 19 || unenforceable if (1) inaccurate information was included on the application “with 20 || knowledge that it was inaccurate” and (2) “the inaccuracy of the information, if known, 21 |} would have caused the Register of Copyrights to refuse registration.” 17 U.S.C. 22 11§ 411(b)(1). 23 24 “When one registers a collection of works in a single copyright, it can be registered 25 || either as a ‘published’ or an ‘unpublished’ collection.” United Fabrics Intern., Inc. v. 26 || C&S Wear, Inc., 630 F.3d 1255, 1259 (9th Cir. 2011) (citing 37 C.F.R. §…
discussed Cited as authority (rule) Desire, LLC v. Manna Textiles, Inc.
9th Cir. · 2021 · confidence medium
To rebut the presumption of validity, Appellants “must simply offer some evidence or proof to dispute or deny [Desire]’s prima facie case . . . .” United Fabrics Int’l, Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir. 2011) (citations omitted).
discussed Cited as authority (rule) LA Gem and Jewelry Design, Inc. v. Groupon, Inc.
C.D. Cal. · 2020 · confidence medium
(Mot. 7; Opp’n 11–12.) “A copyright registration is prima 1 facie evidence of the validity of the copyright and the facts stated in the certificate.” 2 United Fabrics Int’l, Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir. 2011) 3 (internal quotation marks omitted).
discussed Cited as authority (rule) Interior Electric Incorporated Nevada v. T.W.C. Construction, Inc.
D. Nev. · 2020 · confidence medium
Baquerizo’s motion to dismiss [ECF No. 139] 9 Baquerizo argues that Interior Electric’s copyright claims should be dismissed because its 10 template cannot be copyright protected.47 Interior Electric responds that technical drawings like 11 the template can be copyright protected.48 Interior Electric also points out that Baquerizo fails to 12 challenge whether the completed templates for the nine ongoing projects underlying this dispute 13 are also copyright-protectable, allowing his copyright claims to survive regardless.49 14 “A copyright registration is ‘prima facie evidence of the …
discussed Cited as authority (rule) John Anthony Drafting & Design LLC v. Burrell
D. Ariz. · 2019 · confidence medium
In order to 5 rebut the presumption of validity, an alleged infringer must offer “some evidence or proof 6 to dispute or deny the [copyright holder’s] prima facie case of infringement.” United 7 Fabrics Int'l, Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir. 2011) (internal 8 quotation marks and citation omitted).
cited Cited as authority (rule) Media.net Advertising FZ-LLC v. NetSeer, Inc.
N.D. Cal. · 2016 · confidence medium
United Fabrics Int’l, Inc. v. C & J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir.2011) (quoting 17 U.S.C. § 410 (c)).
discussed Cited as authority (rule) Marya v. Warner/Chappell Music, Inc.
C.D. Cal. · 2015 · confidence medium
Once a claimant shows that she has a certificate of registration, the burden of proof shifts to the opposing party who must “offer some evidence or proof to dispute or deny the [claimant’s] prima facie case.” United Fabrics Int’l, Inc. v. C & J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir.2011).
discussed Cited as authority (rule) ITC Textile, Ltd. v. Wal-Mart Stores, Inc. (2×) also: Cited "see"
9th Cir. · 2015 · confidence medium
Printex Indus., Inc. v. Aeropostale, Inc., 676 F.3d 841, 850 (9th Cir.2012); United Fabrics Int’l, Inc. v. C & J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir.2011).
discussed Cited as authority (rule) Digby Adler Group LLC v. Image Rent a Car, Inc.
N.D. Cal. · 2015 · confidence medium
“A copyright registration is ‘prima facie evidence of the validity of the copyright and the facts stated in the certificate.’ ” United Fabrics Int’l, Inc. v. C & J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir.2011) (quoting 17 U.S.C. § 410 (c)).
discussed Cited as authority (rule) Progressive Lighting, Inc. v. Lowe's Home Centers, Inc.
11th Cir. · 2013 · confidence medium
As our sister circuits have held, “[t]o rebut the presumption of validity, an infringement defendant must simply offer some evidence or proof to dispute or deny the plaintiffs prima facie case of infringement.” United Fabrics Int'l, Inc. v. C & J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir.2011) (internal quotation marks and alterations omitted); see also Palladium Music, Inc. v. EatSleepMusic, Inc., 398 F.3d 1193, 1196 (10th Cir.2005).
cited Cited as authority (rule) Family Dollar Stores, Inc. v. United Fabrics International, Inc.
S.D.N.Y. · 2012 · confidence medium
A published collection of works must be “sold, distributed or offered for sale concurrently.” United Fabrics Int’l, Inc. v. C & J Wear, Inc., 630 F.3d 1255, 1259 (9th Cir.2011).
cited Cited as authority (rule) L.A. Printex Industries, Inc. v. Aeropostale, Inc.
9th Cir. · 2012 · confidence medium
A published collection of works must be “sold, distributed or offered for sale concurrently.” United Fabrics Int’l, Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1259 (9th Cir. 2011).
cited Cited as authority (rule) L.A. Printex Industries, Inc. v. Aeropostale, Inc.
9th Cir. · 2012 · confidence medium
A published collection of works must be “sold, distributed or offered for sale concurrently.” United Fabrics Int’l, Inc. v. C & J Wear, Inc., 630 F.3d 1255, 1259 (9th Cir.2011).
cited Cited as authority (rule) Axxiom Manufacturing, Inc. v. McCoy Investments, Inc.
S.D. Tex. · 2012 · confidence medium
Inc., 630 F.3d 1255, 1257 (9th Cir.2011).
cited Cited as authority (rule) L.A. Printex Industries, Inc. v. Aeropostale, Inc.
9th Cir. · 2012 · signal: cf. · confidence medium
Cf. United Fabrics Int’l, Inc. v. C & J Wear, Inc., 630 F.3d 1255, 1257-58 (9th Cir.2011).
discussed Cited as authority (rule) United Fabrics International, Inc. v. Lane Bryant, Inc.
9th Cir. · 2011 · confidence medium
Ethnic Collection X meets the criteria for registration as a collection of unpublished works under 37 C.F.R. § 202.3 (b)(4)(B), see United Fabrics Int’l, Inc. v. C & J Wear, Inc., 630 F.3d 1255, 1259 (9th Cir.2011), and therefore the August 2006 registration registered not just the collection as such but “all copyrightable elements [within the collection] that are otherwise recognizable as self-contained works.” § 202.3(b)(4)(B).
discussed Cited "see" YellowCake, Inc. v. DashGo, Inc.
E.D. Cal. · 2022 · signal: see · confidence high
See United Fabrics Intern., Inc. v. C&J Wear, Inc., 19 630 F.3d 1255, 1257 (9th Cir. 2011) (noting infringement defendant has burden to rebut 20 presumption of validity and must offer some evidence or proof to dispute or deny the plaintiff’s 21 prima facie case of infringement).
cited Cited "see" UAB \Planner5D\" v. Meta Platforms
unknown court · 2021 · signal: see · confidence high
See United Fabrics Int'l, Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir. 2011). 5 || Planner 5D does not have that presumption of validity based on the Copyright Office’s initial 6 || refusal.
cited Cited "see" EXPOTECH ENGINEERING, INC. v. CARDONE INDUSTRIES, INC.
E.D. Pa. · 2020 · signal: see · confidence high
See United Fabrics Int’l, Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir. 2011); see also 18 U.S.C. § 410 (c).
discussed Cited "see" Noelia Monge v. Maya Magazines, Inc. (2×)
9th Cir. · 2012 · signal: see · confidence high
See United Fabrics Int’l, Inc. v. C & J Wear, Inc., 630 F.3d 1255 (9th Cir. 2011). 9178 MONGE v. MAYA MAGAZINES, INC. court’s finding of fair use, a mixed question of law and fact.
discussed Cited "see" Olander Enterprises, Inc. v. Spencer Gifts, LLC
C.D. Cal. · 2011 · signal: see · confidence high
See United Fabrics Int’l, Inc. v. C & J Wear, Inc., 630 F.3d 1255, 1259 (9th Cir.2011) (noting that “a necessary element of a published-collection copyright is that the collection is sold, distributed or offered for sale concurrently” but that there is no such requirement for an unpublished collection).
discussed Cited "see, e.g." Bungie Inc v. Aimjunkies.com
W.D. Wash. · 2022 · signal: see also · confidence medium
Bungie has shown that it owns two 15 audiovisual copyrights and two software code copyrights in Destiny 2 and its expansion. 16 See Ex. 1 to Rava Decl. (docket no. 37-1); see also United Fabrics Int’l, Inc. v. C&J 17 Wear, Inc., 630 F.3d 1255, 1257 (9th Cir. 2011) (explaining that a copyright registration 18 is “prima facie evidence” of the validity of a copyright).
discussed Cited "see, e.g." The Art of Design, Inc. v. Pontoon Boat, LLC
N.D. Ind. · 2019 · signal: see, e.g. · confidence medium
See, e.g., United 3 Fabrics Int’l, Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1259 (9th Cir. 2011) (“Macy’s argues that United’s copyright is invalid because it submitted a copyright application that did not list the Design as a derivative work.
discussed Cited "see, e.g." Lego A/S v. Best-Lock Construction Toys, Inc.
D. Conn. · 2019 · signal: see also · confidence medium
Mar. 23, 2012); see also United Fabrics Int'l, Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1259 (9th Cir. 2011) ("When one registers a collection of works in a single copyright, it can be registered either as a 'published' or an 'unpublished' collection.
Retrieving the full opinion text from the archive…
UNITED FABRICS INTERNATIONAL, INC., a California Corporation, Plaintiff-Appellant,
v.
C&J WEAR, INC., a California Corporation Individually and Doing Business as “Justified”; S-Twelve, a Business Entity of Form Unknown; Wear Well Knit Corporation, a Tennessee Corporation; Groove Theory, a Business Entity of Form Unknown, Defendants, and MacY’s, Inc. an Ohio Corporation Erroneously Sued as MacY’s Retail Holdings, Inc.; A.R.B. Inc., a New York Corporation; Lucky Kim International, Inc., a California Corporation, Defendants-Appellees
09-56499.
Court of Appeals for the Ninth Circuit.
Jan 26, 2011.
630 F.3d 1255
Scott A. Burroughs (argued) and Stephen M. Doniger, of Doniger/Burroughs APC, Culver City, CA, for plaintiff-appellant United Fabrics International, Inc., Mark L. Eisenhut, Melinda Evans, and Scott P. Shaw (argued), of Call & Jensen, P.C., Newport Beach, CA, for defendantsappellees Macy’s Retail Holdings, Inc. and A.R.B., Inc.
Wallace, Graber, Mills.
Cited by 46 opinions  |  Published

OPINION

WALLACE, Senior Circuit Judge:

United Fabrics International, Inc. (United) holds a copyright to a collection of fabric designs entitled “Ethnic Collection X.” One of the fabric designs within that collection (the Design), and the collection itself, are the focus of this appeal.

United sued C&J Wear, Inc., Lucky Kim International, Inc. and Macy’s, Inc. (collectively, Macy’s) for infringing its copyright in the Design. United alleged that Macy’s sold copyright-infringing fabric and garments. United’s action made it as far as the summary judgment phase, at which point the district court dismissed the[*1257] case sua sponte, concluding that United lacked standing to pursue its copyright claims. The district court ruled that United failed to establish an element that is crucial to all copyright infringement actions: ownership of a valid copyright. According to United, it purchased a fabric design from an Italian design house, Contromoda, through an agent, Sergio Giacomel. United then modified the purchased design and registered it as part of Ethnic Collection X. The district court held that the evidence of the transfer of the source artwork from Contromoda to United was insufficient to establish ownership of the underlying design and, for that reason, dismissed the action: “United has not clearly established the chain of title giving it rights in the source artwork and, in turn, the subject matter that was derived from it. United therefore lacks standing.” The district court also held that United’s copyright registration was invalid because United failed to publish its fabric designs concurrently, a requirement of a published single-work copyright that consists of a collection of works.

United appeals the district court’s order dismissing this case. We have jurisdiction pursuant to 28 U.S.C. § 1331. We review de novo the district court’s dismissal for lack of standing, Rattlesnake Coalition v. EPA, 509 F.3d 1095, 1100 (9th Cir.2007), and we reverse.

I.

A copyright registration is “prima facie evidence of the validity of the copyright and the facts stated in the certificate.” 17 U.S.C. § 410(c); see also S.O.S., Inc. v. Payday, Inc., 886 F.2d 1081, 1085 (9th Cir.1989). Macy’s therefore has the burden of rebutting the facts set forth in the copyright certificate. S.O.S., 886 F.2d at 1085-86 (explaining that section 410(e)’s presumption shifts the burden of coming forward with evidence to the defendant); see also Lamps Plus, Inc. v. Seattle Lighting Fixture Co., 345 F.3d 1140, 1144 (9th Cir.2003). “ ‘To rebut the presumption [of validity], an infringement defendant must simply offer some evidence or proof to dispute or deny the plaintiffs prima facie ease of infringement.’ ” Lamps Plus, Inc., 345 F.3d at 1144, quoting Entm’t Research Grp., Inc. v. Genesis Creative Grp., Inc., 122 F.3d 1211, 1217 (9th Cir.1997).

Macy’s argues that United failed to establish the chain of title to the underlying artwork and therefore does not have a valid copyright. But Macy’s skips a step; nowhere does it set forth facts that rebut the presumption of validity to which United’s copyright is entitled, and Macy’s does not even argue that it has rebutted that presumption. The district court’s ruling suffers from the same defect. Although such evidence may be present in the lengthy and extensive record, it is not our place to find it, see Forsberg v. Pac. Nw. Bell Tel. Co., 840 F.2d 1409, 1418 (9th Cir.1988), or to provide an argument on behalf of Macy’s as to how that evidence rebuts the presumption of validity, see Renderos v. Ryan, 469 F.3d 788, 800 (9th Cir.2006), citing Acosta-Huerta v. Estelle, 7 F.3d 139, 144 (9th Cir.1992); Fed. R.App. P. 28(b).

It is true that, at oral argument, counsel for Macy’s asserted that it had rebutted the presumption of copyright validity. But, when we asked Macy’s attorney to identify evidence in the record sufficient to rebut the presumption of copyright validity, he merely argued, inter alia, that a United representative testified at a deposition that its designs “were not published as a true collection” and that “there is also no evidence that [these designs] met the requirements of an unpublished collection.” Counsel also asserted that Macy’s introduced evidence “that the transfer was completely invalid,” but to support this[*1258] assertion, he did nothing more than contend that United failed to provide evidence of the transfer. By repeatedly mentioning that United provided “no evidence,” we are skeptical that Macy’s understands that it bears the burden of providing “some evidence” of invalidity. Regardless, Macy’s cites no authority that such facts rebut the presumption of copyright validity.

Thus, Macy’s does not get very far with its argument that United’s copyright is invalid because “[United] did not produce any evidence that the person who assigned the [D]esign was a ‘duly authorized agent.’ ” United did not have to produce any evidence. As the copyright claimant, United is presumed to own a valid copyright, 17 U.S.C. § 410(c), and the facts stated therein, including the chain of title in the source artwork, are entitled to the presumption of truth. 3 M. Nimmer & D. Nimmer, Nimmer on Copyright § 12.1 [C] (2005). By failing to point to any evidence indicating that the copyright was invalid, see, e.g., Lamps Plus, 345 F.3d at 1144, Macy’s has failed to rebut the presumption.

The district court similarly ignored the statutory presumption of copyright validity when it reasoned that “[t]he burden to show standing is not a mere pleading requirement, but rather an indispensable part of the plaintiffs case.” No cases were cited to us, and we are not aware of any authority, stating that the presumption of validity of a copyright does not apply when standing is at issue. Indeed, such cases do not exist because this rule would render 17 U.S.C. § 410(c)’s presumption of copyright validity meaningless.

Of course, our conclusion that United is presumed to own a valid copyright of the Design is not tantamount to holding that United in fact owns a valid copyright. That issue may still need to be resolved as this case moves forward. Nevertheless, at this stage of the litigation, United has satisfied its burden of proof to establish standing by introducing its copyrights. See Oregon v. Legal Servs. Corp., 552 F.3d 965, 969 (9th Cir.2009) (“The plaintiff bears the burden of proof to establish standing with the manner and degree of evidence required at the successive stages of the litigation” (internal quotation marks omitted)). Because of our holding, we need not discuss United’s argument that the district court’s sum sponte dismissal of its claim violated its due process rights, or its argument that Macy’s did not have standing to challenge the transfer of rights in the Design.

II.

The presumption-of-validity analysis likewise applies to the argument, pressed by Macy’s, that the Design was not deposited with the United States Copyright Office. Macy’s contends that “[United] bore the burden of proving that it complied with the Copyright Act in order to have standing to sue or seek damages or attorney fees.” Again, Macy’s skips a step. It needs first to rebut the presumption of copyright validity with “some evidence or proof to dispute or deny the plaintiffs prima facie case of infringement,” see Lamps Plus, 345 F.3d at 1145 (internal quotation marks omitted), before it can shift the burden. Because Macy’s did not offer such proof, its insufficient-deposit argument must fail, at least at this juncture of the litigation. See, e.g., Fonar Corp. v. Domenick, 105 F.3d 99, 104 (2d Cir.1997) (challenge to deposit with Copyright Office did not defeat presumption of validity).

III.

The district court also dismissed United’s action because United failed to register its collection of fabric designs in a[*1259] single copyright. When one registers a collection of works in a single copyright, it can be registered either as a “published” or an “unpublished” collection. 37 C.F.R. § 202.3(b)(4). A necessary element of a published-eollection copyright is that the collection is sold, distributed or offered for sale concurrently. Id.; 17 U.S.C. § 101. For an unpublished collection, there is no such requirement. See 37 C.F.R. § 202.3(b)(4)(i)(B).

United contends that it registered its collection of fabric designs as an unpublished collection of works. The definition of this type of copyright registration is:

[T]he following shall be considered a single work: ...
(B) In the case of unpublished works: all copyrightable elements that are otherwise recognizable as self-contained works, and are combined in a single unpublished “collection.” For these purposes, a combination of such elements shall be considered a “collection” if:
(1) The elements are assembled in an orderly form;
(2) The combined elements bear a single title identifying the collection as a whole;
(3) The copyright claimant in all of the elements, and in the collection as a whole, is the same; and
(4) All of the elements are by the same author, or, if they are by different authors, at least one of the authors has contributed copyrightable authorship to each element.
Registration of an unpublished “collection” extends to each copyrightable element in the collection and to the authorship, if any, involved in selecting and assembling the collection.

37 C.F.R. § 202.3(b)(4).

Very few cases have considered the unpublished-collection-of-works category of copyright registrations. One case that did is Szabo v. Errisson, 68 F.3d 940 (5th Cir.1995), abrogated on other grounds by Reed Elsevier, Inc. v. Muchnick, — U.S. -, 130 S.Ct. 1237, 176 L.Ed.2d 17 (2010). There, the copyright claimant registered a single unpublished collection of works entitled “Scott Szabo’s Songs of 1991.” Id. at 941. In a footnote, the Fifth Circuit explained that “ ‘Scott Szabo’s Songs of 1991’ satisfies [the unpublished single-work] requirements because it was assembled in an orderly form with a single title identifying the collection as a whole, and Szabo is the sole author and copyright claimant of the individual songs in the collection.” Id. at 941 n. 1. We agree with the Fifth Circuit’s approach, which is consistent with the text of section 202.3(b)(4). Because it appears Ethnic Collection X meets the criteria set forth in section 202.3(b)(4), we conclude, at this stage of the litigation, that United has registered a valid copyright in an unpublished collection of works.

IV.

Finally, Macy’s argues that United’s copyright is invalid because it submitted a copyright application that did not list the Design as a derivative work. This argument cannot be accepted because, in the absence of fraud on the Copyright Office, such errors are not cause for invalidation. See, e.g., Lamps Plus, 345 F.3d at 1145 (“inadvertent mistakes on registration certificates do not invalidate a copyright and thus do not bar infringement actions, unless ... the claimant intended to defraud the Copyright Office by making the misstatement” (internal quotation marks omitted)). Because Macy’s has not shown fraud on the Copyright Office, its argument on this issue fails.

REVERSED AND REMANDED.