Edward Weisz and Brianne Polito, both of Cozen O'Connor's Intellectual Property department, discuss the copyrightability of apparel in Apparel Magazine. The Supreme Court’s 2017 decision in Star Athletica, LLC v. Varsity Brands Inc. was not just a win for Varsity Brands, a leading manufacturer of cheerleading uniforms, but also for the entire fashion industry as well. Despite the establishment of copyright rights in the U.S. Constitution, Star Athletica is the first Supreme Court decision that addresses the copyrightability of clothing. Specifically, the decision establishes a test for determining when design elements of an article of clothing are protectable by U.S. copyright law.
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