- Supreme Court Rules on Cheerleader Uniform Case
- April 21, 2017 | Author: Maria Crimi Speth
- Law Firm: Jaburg Wilk - Phoenix Office
US Supreme Court Rules on Star Athletica, LLC v. Varsity Brands, Inc.
On March 22, 2017, the Supreme Court rendered its decision in what many refer to as the cheerleader uniform case. Star Athletica, LLC v. Varsity Brands, Inc.
The Supreme Court held that if the design pictured above were featured on a non-utilitarian medium, such as a painter’s canvas, it would have enough originality to be entitled to copyright protection. The Supreme Court also held that the design could be featured on a painter’s canvas without looking like a cheerleader’s uniform if one were to imagine the design without the shape of the shirt.
It is important to consider what this decision does not do. It does not make the shape, cut and dimensions of clothing designs copyright protectable. It merely recognizes that pictorial or graphic designs on clothing may be protectable.