In a closely watched case, the Supreme Court ruled 6-2 in Varsity Brands’ favor that designs that are part of a cheerleader uniform are subject to copyright protection, rejecting claims by its competitor, Star Athletica, that these designs are essentially what distinguishes a dress from a cheerleader uniform and would not be protectable. The case will clearly broaden the rights that companies designing apparel can have.
In its opinion, the court noted, “A feature incorporated into the design of a useful article is eligible for copyright protection under the Copyright Act of 1976 only if the feature (1) can be perceived ... Log in to view full article.