June 26, 2018 Copyright / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation

Precedent Setting Copyright Case Finally Comes to an End

The precedent setting case Varsity Brands, Inc. v. Star Athletica, LLC, was decided by the United States Supreme Court in March 2017. As we have previously covered, the decision held that a cheerleading uniform’s decorative elements may be protected under copyright law. The ruling provided some resolution regarding the disagreement over when these types of designs are eligible for protection under U.S. copyright law. However, after the decision, the court asked the parties to prepare a joint report setting forth a suggested path …

April 6, 2017 Copyright

Supreme Court Grants Cheerleading Apparel Manufacturer’s Request: Uniform’s Decorative Elements are Copyrightable

The U.S. Supreme Court held that a cheerleading uniform’s decorative elements may be protected under copyright law — a ruling aimed at providing some resolution regarding the disagreement over when these types of designs are eligible for protection under U.S. copyright law.

As background, in 2010, Varsity Brands, Inc., the country’s largest cheerleading supplier, accused one of its rivals, Star Athletica, of copying the key elements of its uniform’s design, including stripes, chevrons, and other graphic elements that Varsity had registered with the Copyright …

Supreme Court May Hear Case Involving Cheerleader Uniforms

A clothing manufacturer has asked the Sixth Circuit to stay a court mandate issued against them back in August, where the federal appellate court reversed a district court’s decision that cheerleading uniforms cannot be copyrighted. The case, Varsity Brands, Inc. et al v. Star Athletica, LLC, was initially brought in 2010, seeking to uphold protection granted by the U.S. Copyright Office to Varsity in regards to their specific uniform design, which they believed Star had compromised at the time.

While the district court first …