NEXTonSCENE Trademark Law

Attorney, Jonathan Berger
Jun 5, 2017
2 min read

The U.S. Supreme Court recently issued a decision in Star Athletica, L.L.C. v. Varsity Brands, Inc., that clarified how copyright law is to be applied to useful articles such as clothing that have aesthetic features incorporated into their designs.

Basically, a useful article is an object having an intrinsic utilitarian function that is not merely to

portray the appearance of the article or to convey information. For instance, items such as clothing or furniture are useful articles because they serve a function. A useful object can contain both functional aspects and pictorial, graphic, or sculptural designs that can be separately identified from the functional components of such article.

Below is an image of the "Appendix to the Opinion of the Supreme Court of the United States"

In this case, the question was whether colors, shapes, stripes, and chevrons on cheerleader

uniforms are eligible for protection under copyright law. The Court said “yes” even though it explained that cheerleading uniforms cannot be protected by copyright. After all, cheerleading uniforms are useful articles because they serve a function.

Basically, the Court held that a clothing design can be protected if (1) such design can be perceived as a two- or three dimensional work of art separate from the useful article (e.g., clothing, furniture), and (2) would qualify as a protectable pictorial, graphic,

or sculptural work on its own or when fixed in some other medium.

The Court explained that the arrangements of the colors, shapes, stripes, and chevrons on

cheerleading uniforms could be applied in another medium such as on a painter’s canvas. Thus, for this reason, the colors, shapes, stripes, and chevrons on cheerleading uniforms are eligible for

copyright protection. However, no decision was made whether this particular arrangement of colors, shapes, stripes, and chevrons on the cheerleading uniform is protectable under copyright law.

Even though the fashion industry may be delighted with this victory, designers still cannot depend on copyright law to protect shapes of three-dimensional clothing such as dresses, shirts, t-shirts.

Interested in learning more about Trademark/Copyright laws?! Stay tuned for our spring issue where Jonathan will be teaching us about Patent LAW!

Have questions about Trademarking? Copyright Laws and or Patent laws ? Email Jonathan today here: jberger@llbl.com

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