## Facts

- A Danish creator developed and marketed a “Good Luck Troll” doll; a U.S. copyright registration obtained in the 1960s was later deemed invalid due to defective notice, placing the work in the U.S. public domain.
- The doll remained protected by copyright in Denmark.
- After the work entered the U.S. public domain, multiple companies sold troll-type dolls in the United States.
- Troll Company claimed ownership of a restored U.S. copyright in the Good Luck Troll under 17 U.S.C. § 104A (URAA restoration) and alleged Uneeda Doll Company’s “Wish-nik” dolls infringed that restored right.
- The district court granted a preliminary injunction barring Uneeda from manufacturing, distributing, or selling Wish-nik dolls.
- Uneeda appealed, disputing Troll Company’s showing of restored-copyright ownership and arguing it was a § 104A “reliance party” entitled to a one-year sell-off period for existing inventory.

## Issues

1. Whether Troll Company showed a likelihood of success in proving it owned the restored U.S. copyright under 17 U.S.C. § 104A.
2. Whether Uneeda qualified as a “reliance party” under § 104A, entitling it to a one-year sell-off period for existing inventory after notice of restoration.
3. Whether the district court abused its discretion by issuing a preliminary injunction.

## Decision

- The court affirmed the preliminary injunction.
- The court held Troll Company was likely to succeed in proving ownership of the restored copyright at the preliminary-injunction stage.
- The court held Uneeda was not a “reliance party” under § 104A and therefore had no statutory entitlement to a one-year sell-off period.
- The court concluded the district court did not abuse its discretion in granting preliminary injunctive relief.

## Legal Principles

- Under 17 U.S.C. § 104A, certain foreign works that entered the U.S. public domain due to U.S. formalities may receive restored U.S. copyright if they remained protected in the source country at the relevant time.
- For preliminary injunctive relief, a restored-copyright claimant need not conclusively prove title; it must show a likelihood of success on ownership and infringement based on the record and chain-of-title evidence.
- “Reliance party” protection under § 104A is not triggered merely by exploiting a work while it was in the U.S. public domain; the defendant must satisfy the statute’s defined criteria, construed according to the text and structure of § 104A.
- When a defendant fails to establish reliance-party status or another statutory limitation on enforcement, a court may enjoin ongoing infringement of a restored copyright under ordinary preliminary-injunction standards, including a showing of likely success and irreparable harm.

## Conclusion

The Second Circuit upheld a preliminary injunction enforcing a restored copyright in the Good Luck Troll, finding Troll Company likely to prove ownership under § 104A and rejecting Uneeda’s claim to reliance-party sell-off protections for its inventory.


Troll Co. v. Uneeda Doll Co., 483 F.3d 150 (2d Cir. 2007)