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Separability Uniforms

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

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

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

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

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

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

Bradley Arant Boult Cummings LLP

Break Out the Pom-Poms

We’re all familiar with the sight. Your team is down in the final minutes of the game but within striking distance. The coach calls a timeout, huddling up the team. The fans are silent. Out runs the cheerleading squad...more

Sheppard Mullin Richter & Hampton LLP

Who’s Got the Spirit?! Supreme Court Decides Star Athletic, LLC v. Varsity Brands, Inc.; New Two-Part Test Seeks to Clear Up the...

On March 22, 2017, the United States Supreme Court, in an opinion written by Justice Clarence Thomas in Star Athletic, LLC v. Varsity Brands, Inc., held that “a feature incorporated into the design of a useful article is...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

Ladas & Parry LLP

Copyright protection available to surface ornamentation of cheerleader’s uniforms: Star Athletica v Varsity Brands

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On March 22, 2017, the United States Supreme Court in the case of Star Athletica LLC v Varsity Brands LLC affirmed a decision of the Sixth Circuit Court of Appeals that copyright protection could exist in surface...more

Akerman LLP - Marks, Works & Secrets

Supreme Court Affirms That Designs Of Cheerleading Uniforms Are Copyrightable

As we previously blogged, the Sixth Circuit held in 2015, that the colors, stripes, chevrons, and similar graphic designs of the plaintiff’s cheerleading uniforms “are copyrightable pictorial, graphic, or sculptural works”...more

McDermott Will & Emery

SCOTUS Agrees that Cheerleading Uniform Designs Are Eligible for Copyright Protection

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In a 6-2 decision authored by Justice Thomas, the US Supreme Court has now provided guidance as to whether aesthetic designs, such as stripes, chevrons, zigzags and color blocks of a cheerleading uniform are eligible for...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

Womble Bond Dickinson on

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

Morgan Lewis

Supreme Court Outlines New Test for Copyrightability of Useful Articles

Morgan Lewis on

The Supreme Court’s ruling in Star Athletica, LLC v. Varsity Brands, Inc. significantly expands copyright protection for useful articles. On March 22, 2017, the US Supreme Court set out a new standard for copyrightability...more

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