Varsity Brands, Inc. v. Star Athletica, LLC
United States Supreme Court
137 S. Ct. 1002 (2017)
Varsity Brands, Inc. (plaintiff) manufactured cheerleading uniforms bearing two-dimensional designs like chevrons, stripes, and colorful shapes, holding over 200 copyrights for such designs; Star Athletica, LLC (defendant) sold uniforms with designs resembling five of Varsity's. Varsity sued for infringement, and Star moved for summary judgment, arguing designs on useful articles like uniforms aren't copyrightable; the trial court agreed, finding the designs inseparable from the uniform's function since a cheerleading uniform wouldn't be recognizable as such without them, and granted Star summary judgment. The appellate court reversed, finding the uniforms would remain functionally identical without the designs, making them conceptually separable and the copyrights valid; Star appealed, and the Supreme Court granted certiorari.
Whether a design feature of a useful article is copyrightable if it is (1) identifiable separately from the useful article and (2) protectable as artwork either standing alone or in another medium.