United States:
Fashion Blog: Industry May Be Left Defenseless Against Infringers
26 October 2016
Lewis Roca
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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.
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