Give Me A C….

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Give Me A C….


The Supreme Court recently heard arguments in the case of Star Athletica v. Varsity Brands, a copyright case seeking resolution of the appropriate test to determine when a feature of a “useful article” is protectable under section 101 of the Copyright Act. Section 101 provides that “the design of a useful article” will be considered a pictorial, graphic, or sculptural work “only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.”

Traditionally, clothing has been seen as useful and therefore not itself subject to copyright protection. Here, the focus is the design of a cheerleader outfit – but the implication for clothing manufacturers is much broader.

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