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Expert Analysis

Give Me A 'C' (In A Circle): Cheerleader Uniforms At High Court

Law360, New York ( May 9, 2016, 11:07 AM EDT) -- In August of last year, a Sixth Circuit judge wrote in a dissenting opinion: "It is apparent that either Congress or the Supreme Court (or both) must clarify copyright law with respect to garment design. The law in this area is a mess — and it has been for a long time." Last week, the U.S. Supreme Court took up the invitation to clarify the law, by granting certiorari in Star Athletica LLC v. Varsity Brands Inc. Star Athletica concerns whether the designs on cheerleading uniforms can be subject to copyright protection, but the impact of the ruling is likely to spread well beyond uniforms — perhaps beyond garment design to other everyday useful articles....

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