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Browse Wishlist. The product is already in the wishlist! Weight 0. This case, for example, involves a relatively small firm Star Athletica founded by a former employee of the dominant industry leader Varsity Brands; the market niche of the smaller firm seems to be selling garments similar to those of the market leader at substantially lower prices.

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6. Design vs. utility?

Against that backdrop, the insurgent Star Athletica argues that copyright protection categorically should exclude garments. Because Congress has considered many times adopting a statute to protect industrial designs, but has never done so, Star Athletica argues that courts should adopt a presumption against affording protection to any garment. If they are not separable from the uniform, then they can receive no copyright protection.

Varsity Brands, by contrast, argues that a work is conceptually separable if it can exist in a tangible medium other than the uniform. Because a graphic design can exist on a piece of paper, or any piece of fabric, Varsity Brands argues for a bright-line rule protecting all two-dimensional designs. For Varsity Brands, the only hard cases are those that involve three-dimensional designs, because a three-dimensional object such as a statue can hardly exist apart from its shape, and if its shape has functional attributes, it then becomes difficult to determine whether a copier has copied the expressive aspects or merely the functional aspects of the shape.

Among other things, it shows that the U. Copyright Office has had an unbroken tradition of accepting registration of graphic designs used on clothing for many decades. The best part of the brief is a series of images of clothing designs that reproduce famous works of art. Under the Roberts court, it is usually quite difficult for either party to win outright in a case like this one, which essentially asks the justices to articulate a form of words that draws a line to resolve a commonly arising fact-intensive dispute. The usual practice of the court in such cases is to do its best to articulate a test and then remand the case to the lower court for application in the first instance.

This has been especially true in intellectual-property cases, in which the court has taken a strongly minimalist approach, plainly concerned that broad pronouncements might cause undue disruption in rapidly developing markets. To be sure, the solicitor general and Varsity Brands present some bright-line rules that would make it easy for the court to select a rule under which the design would be so plainly protectable as to obviate any need for a remand.

We should know a lot more about the inclination of the bench after the argument. Apple argument on the last day of the October session which I also covered to this argument on the first day of the November session. Varsity Brands , Featured , Merits Cases. Full Calendar Submit Event. Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system. Common Cause and Lamone v. Gee More. Search Blog or Docket. Argument preview: Court to consider copyright protection for cheerleading uniforms Posted Mon, October 24th, am by Ronald Mann.

Michael Dreeben: A true public servant — Donald B. Receive a daily email digest from Feedburner by entering your email. DeVries Apple Inc.



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