July 2016

Star Athletica v. Varsity Brands Amicus Brief

The American Intellectual Property Law Association (AIPLA) filed an amicus brief to the U.S. Supreme Court on the issues at stake in Star Athletica, LLC v. Varsity Brands, Inc. Our firm represented AIPLA in the amicus brief filing.

The case raised questions about the copyrightability of design and functional elements of useful articles, particularly related to cheerleading uniform designs. The brief submitted arguments about how to devise the appropriate test to separate design and functional elements in such articles and assess their copyrightability.

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