The Supreme Court’s Fashionable Case: Implications for Expanding Copyright Protection to Apparel

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Currently before the United States Supreme Court is the question: “[w]hat is the appropriate test to determine when a feature of the design of a useful article is protectable under § 101 of the Copyright Act.”1 Put another way, and as formulated by the Sixth Circuit who previously decided the case, “Are cheerleading uniforms truly cheerleading uniforms without the stripes, chevrons, zigzags, and color blocks?”

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