Supreme Court Finds Cheerleading Uniform Designs Copyrightable
By Alexander Kaplan, of Proskauer
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 protectability of fashion designs under copyright law, and, more broadly, designs on useful articles, holds that a feature incorporated into the design of a useful article is eligible for copyright protection if it is conceptually separable from t