A battle that has been playing out in a Northern California Court and the court of public opinion for the past two years has a new twist.

Last month, the U.S. Court of Appeals for the Ninth District reversed a decision by the U.S. District Court for the Northern District of California to dismiss Tangle Inc.’s claims in a lawsuit filed against fashion retailer Aritzia. (Tangle, Inc. v. Aritzia, Inc., 3:23-cv-01196)

The complex dispute spawned from a collection of sculptures displayed in select Aritzia stores that looked similar, if not identical, to Tangle’s famed fidget toy, inspired by the work of “Tanglemaster” Richard X Zawitz.

In a 2021 interview with The Toy Book, Zawitz described Tangle as a portmanteau of “tangent angle” — a series of 90-degree curves that can contain its energy in an elegant, infinite manner as it is twisted, turned, shaped, and sculpted. For decades, Tangle has been sold as art, toys, and gifts in various formats. Tangle Inc. holds multiple copyrights protecting its “kinetic and manipulable” sculptures, and its toy products have been subject to knockoffs and copycats for years.

With the previous ruling dismissed, Tangle Inc. can move forward with its case against Aritzia and, potentially, anyone else who may infringe on its protected IP.

“The opinions of the Appellate Court have validated and vindicated 45 years of believing in the miracle known as Tangle,” says Richard X Zawitz, creator of Tangle. “Tangle has crossed so many barriers in its history, and this last one, the hardening of our copyrights, is the golden link in Tangle’s success story. My advice to artists, innovators, and content makers in our industry: Protect your ideas/concepts and register them. You won’t regret it.”

Tangle’s counsel also hails last month’s ruling as a win.

“We appreciate the court’s careful consideration of the novel issues raised in this appeal and its recognition that moveable sculptures deserve copyright protection,” adds Matthew L. Schwartz, Chairman of Boies Schiller Flexner LLP and counsel to Tangle Inc. “With this decision, the court has recognized that Tangle holds, and has always held, valid copyrights to its sculptures, along their full range of motion. The court’s ruling should give comfort to artists everywhere that the law protects their creative expression, in any form, from theft and copying.”

As the Aritzia battle continues, Tangle Inc. is playing a game of IP “whack-a-mole” with companies selling counterfeit Tangle products via online marketplaces. In recent years, the company has faced off against sellers via courts in California, Florida, Illinois, and New York to product its products and trade dress.