Supreme Court Cheerleader Case Could Upend Fashion Industry

This week the Supreme Court considered a case questioning whether cheerleader uniforms are subject to copyright protection, with the justices wondering whether granting such protections could upend the fashion industry. “For a hundred and more years, the fashion industry has not enjoyed copyright protection,” said Justice Stephen Breyer. “If suddenly in this case we say that dresses are copyrightable, and they are because every one of them has some design, perhaps we’ll double the price of women’s clothes.” The case, Star Athletica v. Varsity Brands, questions whether Star Athletics violated the law when it used Varsity’s copyrighted stripes, zigzags, and chevrons for its cheerleader uniforms.