Tag Archives: Useful Article

Halloween Costumes And Copyright: 5 Things You Should Know

This is a tough time of year if you are an intellectual property lawyer who likes to dress up. Anyone who knows about your job will be unable to resist lame and legally incorrect jokes about your Halloween costume.  If you wear a Mohawk wig, they will quip that you are infringing Mr. T’s copyright. If you wield a sword and don a fur coat, they will ask if you had permission to use the “patent” from Game of Thrones.… More

Supreme Court Establishes Test for Copyrightability of Two-Dimensional Designs Incorporated Into Useful Articles in Star Athletica v. Varsity Brands

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. Varsity Brands, Inc., the Supreme Court affirmed the Sixth Circuit and held that the two-dimensional designs appearing on the surface of cheerleading uniforms were entitled to copyright protection because they were sufficiently separable from the utilitarian aspects of the uniform.… More

Can I get a C-O-P-Y-R-I-G-H-T? Sixth Circuit Holds Cheerleading Uniform Designs Copyrightable

When are clothing designs sufficiently severable from the utilitarian aspects of the clothing so that the designs can be protected by copyright? That is a question courts have wrestled with for years, and the Sixth Circuit Court of Appeals answered in Varsity Brands, Inc. v. Star Athletica LLC, a case involving a long-running dispute between Varsity Brands, a company which designs, manufactures and sells cheerleading apparel,… More