Star Athletica v. Varsity Brands (2017)
Star Athletica v. Varsity Brands (2017) is a U.S. Supreme Court case that established the current test for determining whether a design element of a useful article can be copyrighted under 17 U.S.C. §101.
The case arose when Varsity Brands, a manufacturer of cheerleading uniforms, alleged that Star Athletica infringed its copyright by reproducing designs printed on its uniforms. Star Athletica argued that the designs were not eligible for copyright protection because they were part of a useful article and not separable from the uniforms' utilitarian aspects, as required by §101.
Lower courts issued conflicting rulings on whether the designs were conceptually separable. In the Sixth Circuit, the majority found in favor of Varsity Brands, while the dissent noted the longstanding confusion in copyright law over how to distinguish between aesthetic and functional elements of clothing, stating that “[i]t is apparent that either Congress or the Supreme Court (or both) must clarify copyright law with respect to garment design.”
The Supreme Court held that an artistic feature of a useful article is eligible for copyright protection if:
- It "can be perceived as a two or three-dimensional work of art separate from the useful article;" and
- It "would qualify as a protectable pictorial, graphic, or sculptural work on its own or in another medium if imagined separately from the useful article.”
Applying this test, the Court concluded that designs by Varsity Brands met the criteria for separability and were therefore eligible for copyright protection. The Court clarified that its decision did not extend to the shape, cut, or physical dimensions of the uniforms themselves.
[Last reviewed in July of 2025 by the Wex Definitions Team]
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