In a closely followed case having widespread impact on the apparel industry, Star Athletica, L.L.C. v. Varsity Brands, Inc., the United States Supreme Court issued its opinion today holding that the Copyright Act protections extend to “combinations, positionings, and arrangements of elements” that include “chevrons . . . , lines, curves, stripes, angles, diagonals, inverted [chevrons], coloring, and shapes” that are affixed to cheerleader uniforms. This ruling marks a significant victory for apparel copyright holders and will undoubtedly increase the amount of litigation already burdening the apparel industry.
Clients are advised to immediately confer with counsel as to the effect of the Star Athletica opinion to their specific business.
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