News & Analysis as of

Cheerleaders

Console and Associates, P.C.

Claims of Sex Abuse in Competitive Cheerleading Shake the Educational Community

When you signed your child or teen up for cheerleading, you expected that they’d be challenged. And between the practices, competitions, and interpersonal dynamics between students and coaches, it’s probably safe to say you...more

Kohrman Jackson & Krantz LLP

Parents of Competitive Cheerleaders Move for Class Certification in Case Against Industry Titan

A 2020 antitrust case filed in the Western District of Tennessee by parents of competitive cheerleaders alleged that Varsity Brands LLC, acting in concert with other associated entities and individuals, “conspired to raise,...more

Sheppard Mullin Richter & Hampton LLP

(Cheer)Leading By Example: UK’s Cheerleading Scandal and Lessons for Leaders

The University of Kentucky (“UK”) announced that it had fired all the coaches of its powerhouse cheerleading team on May 18, 2020 after a three-month internal investigations into allegations of hazing, public nudity, lewd...more

FordHarrison

The Ra-Ra-Reckoning of Entertainment‘s Biggest Cheerleaders: Is It Sexist or Just Part of the Job?

FordHarrison on

As the #MeToo and #TimesUp movements have taken social media and the entertainment industry by storm, one particular subset of entertainers have been notably left out of the conversation … professional cheerleaders....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

Troutman Pepper

May 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

This update of May 2017 developments in the area of independent contractor misclassification and compliance highlights three key legislative developments: the enactment of two new laws (one in New York City and the other in...more

BakerHostetler

Professional Cheerleader Case Presents Independent Contractor and Joint Employer Lessons

BakerHostetler on

Unlike, say, mortgage loan officers or computer programmers, the population of professional cheerleaders is relatively small, but an ongoing case involving independent contractor and joint employer issues for one such group...more

Foley & Lardner LLP

You’ve Gotta Keep ‘Em Separated

Foley & Lardner LLP on

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

McDermott Will & Emery on

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

Kilpatrick

Something for Designers to (Maybe) Cheer About: Star Athletica v. Varsity Brands

Kilpatrick on

Historically, fashion designers, as well as other designers whose creative efforts are incorporated into useful/functional articles like clothing, shoes, and furniture, have struggled successfully to assert copyright...more

Ward and Smith, P.A.

Supreme Court Announces Broad Separability Test in Applying Copyright Law to Useful Articles

Ward and Smith, P.A. on

This article continues the discussion in an earlier article addressing the scope of copyright protection as it applies to useful goods under copyright law. At the time the first article was written, Varsity Brands, Inc. v....more

Goulston & Storrs PC

Supreme Court Says ‘Give Me a ©’ to the Fashion Industry

Goulston & Storrs PC on

A recent U.S. Supreme Court copyright decision analyzing cheerleader uniforms may have a profound impact on retailers, and on the fashion industry in particular. On March 22, 2017, the Supreme Court held in Star Athletica,...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Morrison & Foerster LLP

MoFo IP Newsletter - April 2017

Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods - On February 22, 2017, the Supreme Court in a landmark decision held that the supply of a single component of a multicomponent...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

Goodwin on

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

Pillsbury Winthrop Shaw Pittman LLP

Some Copyright Clarity for the Apparel Industry - The Supreme Court provides a test for measuring when graphic features on...

Last week the Supreme Court articulated a test for the copyrightability of apparel designs. The test does not increase the protection available to the apparel industry, but it does provide clarity for determining when an...more

K&L Gates LLP

Sis-Boom-Bah: U.S. Supreme Court Rules That Cheerleader Uniform Design Elements May Be Eligible for Copyright Protection

K&L Gates LLP on

In a decision that clarifies one controversial aspect of copyright and fashion law, the U.S. Supreme Court recently ruled that certain design elements of cheerleader uniforms may be eligible for copyright protection. The...more

Knobbe Martens

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

Knobbe Martens on

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

Neal, Gerber & Eisenberg LLP

Supreme Court Clarifies the Scope of Copyright Protection for Features of Useful Articles

The Supreme Court’s recent decision in Star Athletica L.L.C. v. Varsity Brands, Inc. clarifies that the original designs on useful articles, such as common household items and personal electronics, may be protected by...more

Knobbe Martens

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

Knobbe Martens on

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

McNees Wallace & Nurick LLC

A Big Week for Intellectual Property: Supreme Court Decides Patent and Copyright Cases

Last week, the U.S. Supreme Court issued two opinions on intellectual property issues. On March 21, 2017, the Court decided in a 7-1 opinion that laches is no longer a valid defense to a claim of patent infringement occurring...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

91 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide