Culhane Meadows’ New York partner David Jacoby recently authored an article for New York Law Journal that details what we’ve learned from SCOTUS case Star Athletica, LLC v. Varsity Brands, Inc. and how it has impacted the clothing industry.
Here are a few excerpts from the article:
The 2017 U.S. Supreme Court decision ‘Star Athletica v. Varsity Brands’ was supposed to clarify longstanding confusion over how design elements on functional objects, like clothing, can be copyrighted. But in the three years since the decision came down both the lower courts and legal opinion have varied widely in interpreting the decision.
There was much anticipation when the U.S. Supreme Court granted certiorari in and then decided a case addressing whether design elements of clothing could be protected by copyright, Star Athletica, LLC v. Varsity Brands, Inc., 137 S. Ct. 1002 (2017). Over time, the range of copyright-eligible creations had expanded greatly to include creative works such as motion pictures, recorded music and choreography. But when it came to items that people wear, no matter how creative or how costly, fashion was a copyright no-go in the United States. Would fashion join movies, records and ballet in the circle of copyright protection?
After the decision, commentators were divided. Some felt Star Athletica approved a path to relatively quick and inexpensive protection for clothing design, at least in some situations. Others felt the holding was so limited that it added only modest potential protection for fashion designs. A little more than three years on, what has been the decision’s impact?
Read their entire article HERE to learn more.
About Culhane Meadows – Big Law for the New Economy®
The largest woman-owned national full-service business law firm in the U.S., Culhane Meadows fields over 70 partners in ten major markets across the country. Uniquely structured, the firm’s Disruptive Law® business model gives attorneys greater work-life flexibility while delivering outstanding, partner-level legal services to major corporations and emerging companies across industry sectors more efficiently and cost-effectively than conventional law firms. Clients enjoy exceptional and highly-efficient legal services provided exclusively by partner-level attorneys with significant experience and training from large law firms or in-house legal departments of respected corporations. U.S. News & World Report has named Culhane Meadows among the country’s “Best Law Firms” in its 2014 through 2020 rankings and many of the firm’s partners are regularly recognized in Chambers, Super Lawyers, Best Lawyers and Martindale-Hubbell Peer Reviews.
The foregoing content is for informational purposes only and should not be relied upon as legal advice. Federal, state, and local laws can change rapidly and, therefore, this content may become obsolete or outdated. Please consult with an attorney of your choice to ensure you obtain the most current and accurate counsel about your particular situation.
