Cheerleading Uniforms: A Case Study

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What are the utilitarian aspects of a “cheerleading uniform”? Are they the stripes, lines, and patterns that adorn them? Or is the qualifying factor the moisture-wicking, flexible fabric that determines the function of the uniform? This is what the Supreme Court is being asked to answer. However, the repercussions of their decision run deeper than just within the cheerleading community. The Supreme Court will be determining what intellectual property protections are available for members of the fashion industry, specifically if design features can earn copyright protection. Furthermore, they must decide if it is possible to rely on a two-pronged test to determine if an article’s design features may be copyrighted. Articles of clothing are means of creative expression that are the equal of works of poetry, music, and novels, and as such they should be entitled to the same intellectual property rights, including copyright protection. Varsity Brands, Inc. (“Varsity”) is a …show more content…

Varsity brought suit against Star Athletica because they believe “that several of Star Athletica’s advertised cheerleading uniforms are similar to their copyrighted designs” (Fang). Varsity alleges five cases of copyright infringement, stating that they violated the Copyright Act. Star Athletica asserted counterclaims alleging that Varsity had made fraudulent representations in their filings with the Copyright Office because the designs at issue were not copyrightable. Star Athletica “argued that Varsity did not have valid copyrights because the designs were for ‘useful articles,’ which cannot be copyrighted, and the designs cannot be separated from the uniforms themselves, which also makes the designs impossible to copyright” (Oyez). This case exemplifies the vagueness in the Copyright Act and calls for clarification to be made in determining what should be included as copyrightable

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