Louboutin v. YSL - Christian Louboutin (“Louboutin”), the designer of the famous red bottom shoes, filed a trademark infringement lawsuit against fashion house Yves Saint Laurent (YSL) claiming YSL infringed on its red...more
In Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp., the U.S. Court of Appeals for the Third Circuit considered a trade dress infringement dispute between two confectioners. Ezaki Glico (“Ezaki”), a Japanese...more
Three years ago, the Supreme Court announced a seemingly simple separability test for determining whether features of a useful article are eligible for copyright protection in the landmark decision Star Athletica v. Varsity...more
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
In Star Athletica v. Varsity Brands, the U.S. Supreme Court clarified the proper test for determining when a useful article is subject to copyright protection. That new standard was recently brought to bear in JetMax Limited...more
In 2001, the Supreme Court in TrafFix Devices, Inc. v. Marketing Displays, Inc. refined its test for determining whether a product design is functional—and thus ineligible for trade dress protection. 532 U.S. 23, 58...more
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
Imagine you’re a fashion designer with a unique clothing design. As with any other business, you wish to protect your intellectual property through the standard combination of patents, trademarks, and copyrights. Sounds...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
In a highly anticipated decision, the Supreme Court of the United States held on March 22, 2017 that the “pictorial, graphic or sculptural features” of the “design of a useful article” can be protected by copyright under...more
On March 22, 2017, the Supreme Court of the United States decided Star Athletica, L.L.C. v. Varsity Brands, Inc., No. 15-866, holding that artistic designs on cheerleading uniforms were eligible for copyright protection. ...more