Supreme Court to Hear Case on Copyright Protection for Clothing Designs
The Supreme Court agreed to review lower court decisions on whether copyright protections extend to features of articles that aren't otherwise protected by copyright law, the court said on May 2 (here). The case "involves the most vexing, unresolved question…
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in copyright law: how to determine whether a feature of a useful article -- such as a garment or piece of furniture -- is conceptually separable from the article and thus protectable," said the lawyers for Star Athletica, which sought Supreme Court review, in its petition (here). Copyright law prohibits copyrights of a "useful article,” such as chairs, dresses, or uniforms, said the petition. "The article’s component features or elements cannot be copyrighted either, unless capable of being 'identified separately from, and . . . existing independently of, the utilitarian aspects of the article.'" The case involves Star and Varsity Brands and whether Varsity should be allowed to "assert copyright in the stripes, chevrons, and color blocks incorporated into a cheerleader uniform because these features are purely aesthetic," said Star.