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Varsity Brands, Inc. v. Star Athletica, LLC
United States Supreme Court
137 S. Ct. 1002 (2017)
Facts
Varsity Brands, Inc. (plaintiff) manufactured cheerleading uniforms bearing a variety of two-dimensional designs like chevrons, stripes, and colorful shapes. Varsity registered over 200 copyrights for those designs. Star Athletica, LLC (defendant) sold cheerleading uniforms with designs resembling five of Varsity’s. Varsity sued Star for copyright infringement. Star moved for summary judgment, arguing that designs on useful articles, like cheerleading uniforms, are not copyrightable. The trial court held that a cheerleading uniform would not be identifiable as a cheerleading uniform without the type of designs that Varsity copyrighted, meaning the designs were inseparable from the uniform’s function. The trial court found Varsity’s copyrights invalid as a result and granted Star summary judgment. The appellate court reversed, finding that cheerleading uniforms would be functionally the same even without the designs, meaning the designs were conceptually separable from the uniforms themselves, making Varsity’s copyrights valid. Star appealed and the Supreme Court granted certiorari to hear the case.
Rule of Law
Issue
Holding and Reasoning (Thomas, J.)
Concurrence (Ginsburg, J.)
Dissent (Breyer, J.)
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