Star Athletica, L.L.C. v. Varsity Brands, Inc., 580 U.S. 208 (2017)

“Design elements on useful articles can be copyrighted if they can exist independently.”

Short Description:

This Supreme Court case clarified how copyright law applies to designs on functional items, like cheerleading uniforms. The Court applied the “conceptual separability test”, allowing designs to be copyrighted if they can exist independently from the useful article.

Facts:

⦁ Varsity Brands owned copyright in cheerleading uniform designs, including decorative stripes, patterns, and logos.

⦁ Star Athletica sold similar uniforms without permission.

⦁ The question: Could the decorative designs be copyrighted, even though the uniforms are functional clothing?

Findings / Reasoning:

⦁ The Court developed the conceptual separability test: a design is copyrightable if it can exist independently of the functional item.

⦁ Decorative elements on uniforms can be perceived separately from their utilitarian function.

⦁ The Court emphasized the importance of protecting creative expression while respecting functional utility.

Suggestions / Implications:

⦁ Designers of functional products can claim copyright on creative, separable elements.

⦁ Encourages innovation in product decoration and design.

⦁ Provides clear guidance for copyright claims in fashion, apparel, and other functional products.

Judgment & Date:

⦁ Judgment: In favor of Varsity Brands; the designs were copyrightable.

⦁ Date: March 22, 2017.