« Week in Review | Main | 2-4-6-8, Let's Give A Cheer For Copyright: SCOTUS Holds Original Imprinted Designs On Functional Cheerleader Uniforms Are Protected By Copyright If "Separable" »

Supreme Court 6-2 Decision in Star Athletica, LLC v. Varsity Brands, Inc.

By Olena Ripnick-O'Farrell

This morning, the Supreme Court decided Star Athletica v. Varsity Brands, Inc., holding that that decorative elements of a cheerleading uniform could be protected by copyright law.

In a decision written by Justice Thomas, the Court ruled that such expression could be protected only if it "can be perceived as a two- or three-dimensional work of art separate from the useful article" and that it would qualify as protectable expression "if it were imagined separately from the useful article into which it is incorporated."

The ruling is limited, in that Varsity can sue to stop reproduction "only of the surface designs on a uniform or in any other medium of expression." Justice Thomas wrote that "[r]espondents have no right to prevent anyone from manufacturing a cheerleading uniform that is identical in shape, cut, or dimensions to the uniforms at issue here."

nysbar.com/blogs/EASL/Star%20Athletica%20v.%20Varsity%20Brands%20-%20slip%20op%20S%20Ct%203.22.17.pdf"

Post a comment

(If you haven't left a comment here before, you may need to be approved by the site owner before your comment will appear. Until then, it won't appear on the entry. Thanks for waiting.)

About

This page contains a single entry from the blog posted on March 22, 2017 11:08 AM.

The previous post in this blog was Week in Review.

The next post in this blog is 2-4-6-8, Let's Give A Cheer For Copyright: SCOTUS Holds Original Imprinted Designs On Functional Cheerleader Uniforms Are Protected By Copyright If "Separable".

Many more can be found on the main index page or by looking through the archives.