Originally published by Androvett Legal Media Blog.
Bold stripe patterns and other decorative elements on cheerleading uniforms can be protected by copyright law, the U.S. Supreme Court ruled Wednesday in a closely watched case that has implications for the fashion industry’s ongoing efforts to police counterfeit merchandise. The high court sided with Varsity Brands in a dispute with rival Star Athletica, finding that while the basic functional design of a uniform cannot be protected, Varsity’s copyrights for specific decorative patterns are valid. The opinion helps clarify a long-running debate over a manufacturer’s ability to protect products from knock-offs by copyrighting ornamental designs.
“The fashion and apparel industry is doing everything it can to combat counterfeiting, and this opinion provides the industry with another tool,” says intellectual property lawyer Amanda Greenspon of Dallas’ Munck Wilson Mandala. “Copyright enforcement will remain subjective and determined on a case-by-case basis, but this ruling will spur companies to obtain copyright protection of their work to discourage competitors with the threat of monetary damages.”
To speak with Amanda Greenspon, contact Robert Tharp at 214-559-4534 or email@example.com.
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