Supreme Court Cheerleading Outfit Case Could Have Far Reach

The Supreme Court this week agreed to hear a case in which one manufacturer asserts copyright over a style of cheerleading uniform. A lower court dismissed Varsity Brand’s claims against Star Athletica, saying the stripes, chevrons, and color blocks incorporated into the uniform were purely aesthetic. The issue of whether designs like those are functional (which is not protected under copyright law) or decorative (which is protected) remains the “most vexing, unresolved question in copyright law,” Star Athletica wrote in its petition for review. That issue impacts the apparel industry, including Hollywood merchandising, says the Hollywood Reporter.