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Fashion Industry Sports Apparel

Foley & Lardner LLP

Beyond the Podium: Technology & Fashion in Track and Field

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When Nike® unveiled the kits for the 2024 U.S. Olympic track and field team, the design of the women’s kits sparked significant discussion online. At the center of the discussion was a one-piece women’s suit with a high-cut...more

Katten Muchin Rosenman LLP

Case to Watch: Whose Idea Is 'Ballin?' - Kattison Avenue | Issue 8 - Spring 2022

Apropos of points made in “Do Not Pass ‘Go,’” a graphic designer filed an idea theft suit against Nike, Inc. in the US District Court for the Southern District of Texas. In the March 31 suit, the graphic designer claims Nike...more

ArentFox Schiff

Class Actions Quarterly Update: Fashion and Retail Quarterly Update

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In this issue of the Arent Fox Class Action Quarterly Update, we will be focusing on one recent California Supreme Court decision and two court of appeal decisions impacting the fashion and retail industries. Key Retail...more

Fenwick & West LLP

When Trademarks Get Messi: Likelihood of Confusion and Leo Messi’s Big European Trademark Win

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On September 17, 2020, legendary footballer Leo Messi achieved an elusive goal that he had been pursuing for years. No, he did not finally win a World Cup championship for the Albiceleste. Rather, after a nearly decade-long...more

Hogan Lovells

Shanghai court innovates with punitive damages for trademark infringement: IP owners can aim higher

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The Shanghai Pudong District Court has recently handed down a remarkable judgment, awarding punitive damages equal to 3 times the proven damages to a foreign sportswear company, and fully upheld the company's claim for RMB 3...more

Foley Hoag LLP - Making Your Mark

Star Athletica and the Expansion of Useful Article Protection: Copyright Office Permits Registration of Automotive Floor Liner

The Supreme Court’s decision in Star Athletica v. Varsity Brands established a new and simplified test for determining whether useful articles can obtain copyright protection. Many have wondered, in the year since it was...more

McDonnell Boehnen Hulbert & Berghoff LLP

Practice Tips for Copyright Owners in the Wake of Star Athletica v. Varsity Brands

After considering almost a year’s worth of substantive briefing (including fifteen separate amicus briefs), oral argument, at least ten distinct tests employed in courts throughout the country, as well as numerous novel tests...more

Foley & Lardner LLP

You’ve Gotta Keep ‘Em Separated

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The US Supreme Court’s ruling in Star Athletica v Varsity Brands provides a path to copyrightability for pictorial or graphical elements of clothing designs and useful articles. Laura Ganoza and Julie McGinnis of Foley &...more

McDermott Will & Emery

Give Me an E: Cheerleading Uniform Designs Eligible for Copyright Protection

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In a 6–2 decision authored by Justice Thomas, the Supreme Court of the United States provided guidance as to whether aesthetic designs of a cheerleading uniform, such as stripes, chevrons, zigzags and color blocks, are...more

Holland & Knight LLP

Separating Art from Function: Supreme Court Creates Copyright Test for Designs

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In a landmark 6-2 decision, the U.S. Supreme Court resolved "widespread disagreement" among lower courts and held that the artistic elements in a functional article ­– such as the cheerleading uniform at issue in this case –...more

Proskauer - New England IP Blog

Cheerleader Uniform Designs Protectable Under Copyright Act

The Supreme Court recently held in Star Athletica, L.L.C. v. Varsity Brands, Inc., that the designs on certain cheerleader uniforms may be protected copyrights. The 6-2 decision clarified the test to be applied when...more

Foley Hoag LLP - Making Your Mark

Supreme Court Establishes Test for Copyrightability of Two-Dimensional Designs Incorporated Into Useful Articles in Star Athletica...

On March 22, 2017, the Supreme Court established a test for determining whether a design that is incorporated into a useful article is entitled to copyright protection. In its much-awaited opinion in Star Athletica, L.L.C. v....more

Goodwin

Supreme Court Broadens Copyright Eligibility For Design Elements, Including Artwork On Clothing

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Summary - In Star Athletica, LLC v. Varsity Brands, Inc., 580 U.S. ___ (2017), the Supreme Court clarified the test for whether artistic features of a useful article are separable and therefore copyright eligible. The...more

Knobbe Martens

U.S. Supreme Court Says That Lines, Chevrons, and Colorful Shapes on Cheerleader Uniforms Are Copyrightable

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The U.S. Supreme Court on Wednesday, March 22, 2017, issued their opinion on Star Athletica v. Varsity Brands. The Court affirmed the 6th Circuit, holding that the lines, chevrons, and colorful shapes of Varsity’s...more

Knobbe Martens

Chevrons, Stripes, Cheerleaders, and Copyright: The Supreme Court Issues Opinion in Star Athletica v. Varsity Brands

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The U.S. Supreme Court issued their opinion on Star Athletica v. Varsity Brands on Wednesday, March 22. Should fashion designers rejoice or be fearful? That depends. Designers who repeatedly have original fashion designs...more

Mintz - Trademark & Copyright Viewpoints

Let’s Go, Big ©! Let’s Go! U.S. Supreme Court Backs Copyright Protection for Cheerleading Uniforms

In a decision that may have broader implications in the U.S. fashion industry, the U.S. Supreme Court in Star Athletica, L.L.C. v. Varsity Brands, Inc. (No. 15-866) ruled that the decorative elements on a cheerleading uniform...more

Jones Day

Decision Cheered by Some, as Supreme Court Clarifies Useful Articles Copyright Protection

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In a decision likely to affect the fashion and design industries, on March 22, 2017, the United States Supreme Court clarified the test for determining when a design feature incorporated into a "useful article" (such as...more

Morrison & Foerster LLP

Supreme Court Rules Cheerleading Uniform Designs Are Copyrightable

On March 22, 2017, the Supreme Court held in Star Athletica, LLC v. Varsity Brands, Inc. that design elements of cheerleading uniforms may be protected under the Copyright Act. The 6-2 decision, written by Justice Thomas,...more

A&O Shearman

Cheering on the Fashion Industry: U.S. Supreme Court Issues Landmark Copyright Decision That Will Have Deep Implications for...

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On March 22, 2017, the Supreme Court decided that federal copyright protection applies to cheerleading-apparel designs. The decision, which has far-reaching implications for the fashion and sports industries, sets a new and...more

Proskauer Rose LLP

Supreme Court Finds Cheerleading Uniform Designs Copyrightable

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On March 22, 2017, the Supreme Court held in Star Athletica, LLC v. Varsity Brands, Inc. that designs on cheerleading uniforms may be protectable under the Copyright Act. The Court's 6-2 decision, clarifying the...more

Womble Bond Dickinson

“Knock-Offs” Beware: SCOTUS Makes a Fashion-Forward Decision

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The U.S. Supreme Court has settled the closely watched Varsity Brands Inc. et al. v. Star Athletica LLC copyright dispute, holding that cheerleading outfits contain distinct design elements that allow for copyright ownership....more

Bracewell LLP

Supreme Court Clarifies Copyright Protection for Artistic Features in Clothing

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On March 22, 2017, the Supreme Court held that a two- or three-dimensional work of art on a useful article, such as clothing, is protectable under copyright law if: (1) the work of art can be perceived as separate from the...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Supreme Court Finds Cheerleading Uniforms Copyrightable in Landmark Apparel Copyright Case

In the first apparel copyright case ever considered by the U.S. Supreme Court, Star Athletica, LLC v. Varsity Brands, Inc., the high court found on March 22, 2017 that decorative elements of a cheerleading uniform could be...more

BCLP

Give me…“Separability!” Supreme Court Holds Cheerleading Uniform Designs Copyrightable

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The Supreme Court, in Star Athletica, L.L.C. v. Varsity Brands, Inc., 580 U.S. ___ (2017), resolved “widespread disagreement” among the circuits, and adopted a single test to determine the copyrightability of designs...more

Snell & Wilmer

Supreme Court Defines Test for Copyright Eligibility of Useful Article Design Features

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Yesterday, in Star Athletica, L.L.C. v. Varsity Brands, Inc., the Supreme Court resolved an issue that previously had been the subject of “widespread disagreement” in the federal courts—the proper test for determining when a...more

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