The U.S. Supreme Court heard arguments in a case between two cheerleading uniform manufacturers in which Varsity Brands sued Star Athletica for violation of copyright in its uniform designs. (Courthouse News Service, October 341, 2016, by Brandi Buchman)
Star’s attorney argued that the functionality of the clothing in configuring the design makes copyright inapplicable. The design of the cheerleading uniform is what makes it a cheerleading uniform as opposed to a dress and therefore can’t be protected by copyright. (Scotus Blog, November 1, 2016, by Ronald Mann)
Varsity countered the argument that designs of useful articles such as garments cannot enjoy copyright by saying that its unform designs are two-dimensional graphic designs on useful articles, rather than the actual designs of useful articles and as such can be copyrighted as “applied art.” (LII Supreme Court Bulletin, October 31, 20-16, by Weiru Fang and Cassandra Desjourdy)