The U.S. Supreme Court upheld Varsity Brands’ copyrights on its cheerleading outfits in a ruling that bolsters the legal protections for pictures and graphic designs.
The 6-2 ruling enables the world’s largest cheerleading-uniform company to press ahead with claims that smaller rival Star Athletica LLC copied five proprietary designs.
Varsity sued Star Athletica in 2010, asserting it had intentionally copied several Varsity designs.
In May last year, the Supreme Court agreed to hear the case and answer the following question: “What is the appropriate test to determine when a feature of a useful article is protectable under section 101 of the Copyright Act?” To qualify for copyright protection, images must be able to stand alone as “pictorial, graphic or sculptural works,” federal law says.
Star Athletica contended Varsity’s disputed designs have no meaning on their own, but identify an outfit as a cheerleader uniform. Without the decorations, a uniform “looks exactly like the ubiquitous little black dress,” Star stated in its brief.
In a 51-page majority opinion, justice Clarence Thomas wrote that since the uniforms – similar to a t-shirt, paper towels, car, or other useful real-world items – serve a function, they cannot be copyrighted. But since Varsity Brand’s designs can be conceptually separated from the uniforms and Varsity has done so, “the decorations are therefore separable from the uniforms and eligible for copyright protection.”
Jeff Webb, founder and chairman of Varsity Brands, said in a statement, “Today’s favorable ruling represents the culmination of years of hard work to protect our original design, and we are of course gratified by the outcome and what it means for our business. But more fundamentally, we were honored to serve as advocates and fighters for the basic idea that designers everywhere can create excellent work and make investments in their future without fear of having it stolen or copied.”
Burton Brillhart, Varsity Brands’ chief legal officer, added, “This was a hard-won case and the outcome would not have been possible without the extraordinary intellect, hard work and advocacy of our broader legal team. I want to thank our Supreme Court counsel, Willy Jay of Goodwin Procter LLP, for his incredibly effective and wise counsel. I also want to recognize our trial and appellate counsel, Baker Donelson and Cowan, Liebowitz & Latman, P.C., who have all served as skilled and passionate advocates on our behalf.”
