Star Athletica, L. L. C. v. Varsity Brands, Inc.

Background

Companies that design, make, and sell cheerleading uniforms sued a rival seller, accusing it of copying five surface designs. The designs are two-dimensional arrangements of chevrons, stripes, lines, colors, and shapes applied to uniform fabric. A federal trial court held the designs were not copyrightable because they are part of useful uniforms; the Sixth Circuit reversed and the Supreme Court took the case to resolve how to apply the statutory separability test in § 101.

Reasoning

The Court addressed when decorative features of a useful item can be treated as separate works of art. It adopted a two-part test: the feature must be perceivable as a two- or three-dimensional work of art separate from the useful article, and it must be capable of qualifying as a pictorial, graphic, or sculptural work on its own or in another medium when imagined apart from the item. Applying that test, the Court found the uniform surface designs identifiable and imaginable apart from the uniforms and therefore eligible for copyright protection, and affirmed the judgment for the designers.

Real world impact

Designers can seek copyright protection for surface artwork applied to clothing and other useful items if that artwork meets the two-part test. The ruling makes clear copyright covers only the surface designs, not the uniform’s shape, cut, or dimensions. The Court did not resolve other copyright prerequisites such as originality.

Dissents or concurrances

Justice Ginsburg agreed with the judgment but would treat the works as standalone two-dimensional designs reproduced on uniforms. Justice Breyer dissented, arguing the submitted images are pictures of uniforms and thus not separable or copyrightable.