Lewis Roca Blog

Fashion designers could be left defenseless against copycats if the US Supreme Court rules that certain features are not protected under the Copyright Act.

The Supreme Court will soon hear oral argument in Varsity Brands, Inc. v. Star Athletica, LLC. At issue is what, according to Petitioner Star Athletica, LLC, is "the most vexing, unresolved question in copyright law"– the appropriate test to determine when a feature of a useful article is protectable under § 101 of the Copyright Act. Star Athletica, LLC v. Varsity Brands, Inc., 2016 WL 94219, *5 (U.S.) The Supreme Court's decision could have significant implications for the fashion and design industries and beyond.