Gimme a "C" for Copyright! High Court Says Decorative Elements of Cheerleading Uniforms Copyrightable

On March 22, 2017, the Supreme Court in Star Athletica LLC v. Varsity Brands Inc. announced a new test for determining whether the design elements of a useful article were separable from the article itself for purposes of determining copyright eligibility. Applying the new test to the designs embedded in the cheerleading uniforms at issue, the Court found the designs separable and thus eligible for copyright protection. A strong dissent, however, came to a different result.

The Court’s ruling was intended to streamline the panoply of tests currently used to determine separability, but questions remain as to how the new test will be implemented by the lower courts, and whether the ruling provides clear guidance for the courts and the apparel industry.

Foley has been closely following this case and is committed to providing you the most up-to-date intelligence. We invite you to attend our webinar, “Gimme a “C” for Copyright! High Court Says Decorative Elements of Cheerleading Uniforms Copyrightable,” in which we will review the Court’s ruling and discuss the future implications it may have for the fashion and apparel industry. The upcoming presentation is a follow up to our November 11 discussion of the arguments presented in this case.

Please join Foley attorneys Laura Ganoza and Julie McGinnis on May 11th, 2017 for this informative and timely discussion. There is no cost to participate in this program, but pre-registration is required. To participate, please register here.

For more information, please contact Delia Dai at [email protected].

Webinar Recording

CLE Information

Foley & Lardner LLP will apply for CLE credit after the program, wherever applicable. Foley & Lardner LLP certifies that this activity has been approved for California MCLE credits by the State Bar of California in the amount of 1.0 General credit hour. Foley & Lardner LLP is a State Bar of California MCLE approved provider. Please note that participants must log in to the web portion on the date of the event and answer the CLE polling question; credit may not be obtained by viewing and/or listening to a program recording after the event. Certificates of attendance will be distributed to eligible participants approximately eight weeks after the webinar via email.

Special Instructions for Kansas/New York/New Jersey CLE Credit:
Those seeking Kansas, New York, and/or New Jersey CLE Credit are required to complete the Attorney Affirmation Form. Be sure to enter the five-digit code that will be provided during the presentation. Please email the form to Delia Dai at [email protected] immediately following the program.

Important Information for New York Attorneys:
This program is appropriate for experienced attorneys only. Attorneys admitted two years or less are not eligible to earn CLE credit through the completion of courses in nontraditional formats.