High Court Backs Copyright Protection for Cheerleader Uniform Designs

The fashion industry is also cheering

The U.S. District Court for the Western District of Tennessee had concluded that the respondent's designs did not qualify for copyright protection because they served the function of identifying the garments as cheerleading uniforms, and thus the designs were impossible to separate from the utilitarian function of the uniform.

Star Athletica, which was founded by a former Varsity employee and sells similar uniforms for less, disagreed. The suit was brought to determine the proper test for implementing "separate-identification and independent-existence requirements" as mandated by USC 17 § 101 [text].

Jeff Webb, founder and chairman of Varsity Brands, said in a statement, "Today's favorable ruling represents the culmination of years of hard work to protect our original design, and we are of course gratified by the outcome and what it means for our business".

Is Selena Gomez trying to start beef with Ariana Grande?
As part of her recent Vogue cover story, Selena answered 73 random questions about herself for a video on the Vogue website. The Weeknd is making serious moves with his girlfriend, Selena Gomez .

The feature is also eligible for copyright protection if it would qualify as a protectable work - either on its own or fixed in some other tangible medium of expression - if it were imagined separately from the useful article into which it is incorporated.

"First, one can identify the decorations as features having pictorial, graphic, or sculptural qualities", Thomas wrote. Accordingly, the decorations were found separable from the uniforms and eligible for copyright protection.

Varsity Brands won copyrights for five particular designs on paper, featuring stripes, chevrons, zigzags, and color blocks arranged on its basic uniforms.

GOP, Dem lawmakers decry Trump's cut to Meals on Wheels
Sadly, Meals on Wheels is often forgotten about compared to the various other charitable organizations that also need funding. The federal funding comes through the $3 billion Community Development Block Grant program that Trump proposes to eliminate.

Finally, the majority rejected three arguments raised by the petitioner. "The fashion industry barely has protection over fabric prints, lace patterns, jewelry, belt buckles, or handbag clasps", says Scafidi. Justice Clarence Thomas, writing for the majority, opined that "the uniform design met the [separability] test of being able to exist as its own pictorial, graphic, or sculptural work".

Copyrightable works of art, or just pictures of cheerleader uniforms?

ICC Test Rankings: Pujara surpasses Kohli; Smith remains atop
Only Sir Don Bradman (961), Len Hutton (945), Jack Hobbs and Ricky Ponting (942) have achieved higher rating points. While, Pakistans Azhar Ali and Younis Khan climbed up one spot each to 6th and 7th spot, respectively.

Share

Related News

  • JJ Abrams producing RuPaul dramedy series

    JJ Abrams producing RuPaul dramedy series

    The news comes on the heels of RuPaul's Drag Race's USA network move from LGBTI channel Logo to the more widely available VH1. The half-hour dramedy series will be a fictionalized version of his real-life story.
    Google releases Android O developer preview: improved battery life, notifications

    Google releases Android O developer preview: improved battery life, notifications

    Google says it will use these preview releases to get feedback on this feature, and it may adjust these times in future releases. It will surface usernames and passwords to enter into apps without switching to the password manager app.
    Airport Attacker Was A

    Airport Attacker Was A "Radicalized Muslim", Authorities Say

    Thousands of travellers were evacuated and at least 15 flights were diverted to the city's other airport, Charles de Gaulle. The father of the suspected Islamist attacker gunned down at Paris Orly Airport insists his son "was never a terrorist ".
  • Ex-Boston drummer Sib Hashian dead at 67

    Ex-Boston drummer Sib Hashian dead at 67

    John "Sib" Hashian , former drummer for the arena rock band Boston , died on board a cruise ship yesterday, according to reports. His son, Adam , told TMZ that his father was performing on the " Legends Of Rock Cruise" and was when he suddenly collapsed.
    Google Android O Launched For Developers Check Android

    Google Android O Launched For Developers Check Android "O" New Features Specs

    Picture-in-picture support will allow users to watch a video (shameless YouTube channel promotion ) while using another app. Autofill APIs: Android aims to make setting up new apps or placing transactions easier with platform support for autofill.
    Sarah Palin Criticizes Colin Kaepernick's $50K Donation to Meals on Wheels

    Sarah Palin Criticizes Colin Kaepernick's $50K Donation to Meals on Wheels

    The donation is part of Kaepernick's promise to donate $1 million to organizations that help people in troubled communities. Many are viewing Kaepernick's donation as a direct shot at President Trump.
  • Man accused of killing deputy in and out of legal system

    Man accused of killing deputy in and out of legal system

    In June 2010, Anderson received an award for saving the life of a woman who threatened to jump off a bridge, The Advocate reports. Deputies with the East Baton Rouge Parish Sheriff's Office went to the salon to try and find Brandon Wiley, 30.
    Book of Condolence opens at Guildhall for Martin McGuinness

    Book of Condolence opens at Guildhall for Martin McGuinness

    In 1994 the IRA declared an end to its campaign of violence and Mr Adams appointed Mr McGuinness as Sinn Fein's chief negotiator. McGuinness was Deputy First Minister of Northern Ireland for Sinn Fein for nine years, spanning from 2007 to 2017.
    Jason Day withdraws from event, reveals his mother is battling lung cancer

    Jason Day withdraws from event, reveals his mother is battling lung cancer

    McIlroy has a 28-12-2 match-play record in his pro career, including a 12-0-1 stretch between 2014 and his loss to Day a year ago. I'm going to do my best and try and be there the best I can for her, because she is the reason that I'm playing golf today.
  • Michael returning to Packers

    Michael returning to Packers

    Michael joined the Packers down the stretch last season, coming over halfway through the year from the Seattle Seahawks. This will be an important offseason for both Michael and Montgomery, who made an in-season conversion from receiver.
    NECC verdict could serve as blueprint for other trials

    NECC verdict could serve as blueprint for other trials

    Cadden's acquittal on the second-degree murder charges means he is spared the possibility of a life prison sentence. Chin was a supervising pharmacist at NECC involved in compounding the contaminated MPA that led to the outbreak.
    Stock Market Extends Losses After Biggest Drop In Months

    Stock Market Extends Losses After Biggest Drop In Months

    Plus, oil prices continue to suffer, after domestic crude inventories rose more than expected last week, hitting a record high. Declining issues outnumbered advancing ones on the NYSE by a 3.11-to-1 ratio; on Nasdaq, a 4.06-to-1 ratio favored decliners.