Star Athletica, LLC v. Varsity Brands, Inc., et al.
Issues
When should a feature of a useful article be protected under § 101 of the Copyright Act?
This case may have deep repercussions for the fashion industry, since it asks the Supreme Court to clarify garment design copyrightability by determining when a useful article’s design feature is protectable under § 101 of the Copyright Act. A useful article, such as garment design, cannot be copyrighted, but features of it may be copyrighted. The case law is muddled as to when features are copyrightable. Star Athletica, LLC advocates for a two-part test to determine copyrightability. First, a feature must be identified separately from the useful article’s utilitarian aspects. Second, the utilitarian aspects and the feature must be able to exist side-by-side, as fully realized, separate works—one as an artistic work and the other as a useful article. In opposition, Varsity Brands, Inc. et al. contends that Star Athletica mixes and matches various lower court approaches to create a confusing test without statutory support. Instead, Varsity argues that features of a useful article are copyrightable if they are “applied art,” or artwork that appears on a useful article.
Questions as Framed for the Court by the Parties
What is the appropriate test to determine when a feature of the design of a useful article is protectable under § 101 of the Copyright Act?
Varsity Brands, Inc. et al. (“Varsity”) designs and manufactures cheerleading uniforms and accessories. Star Athletica, LLC v. Varsity Brands, Inc., No. 14-5237 at *2 (6th Cir., filed Aug.
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Additional Resources
- Amanda Ciccatelli, Star Athletica, LLC vs. Varsity Brands Case Continues to Spark Fashion Law Controversy, InsideCounsel Magazine (May 18, 2016).
- Daniel Fisher, Supreme Court Dives Into Copyright Fight Over Cheerleader Uniforms, Forbes (May 2, 2016).