Last week, the U.S. Supreme Court announced that it will address the issue whether apparel can be protected by copyright law—a question described by the petitioners in the case as “the single most vexing, unresolved question in all of copyright.” The justices will consider the ruling by the U.S. Court of Appeals for the Sixth Circuit in Varsity Brands, Inc. v. Star Athletica, LLC, that the stripes, chevrons, zigzags, and color blocks that appear on a cheerleading uniform are protectable under the copyright laws.
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