Over at the Copyright & Trademark Matters blog, our colleagues have published a complete write-up on the Supreme Court’s decision in Star Athletica, L.L.C. v. Varsity Brands, Inc. (No. 15-866), in which the Justice’s ruled that the decorative elements on a cheerleading uniform can fall within the scope of articles protectable by copyright.
Justice Thomas, writing for the majority, ruled that the decorative elements on the cheerleading uniforms (shown below) met the threshold requirement of being a “pictorial, graphic, or sculptural work” that can be granted a copyright if the copyrightable elements are sufficiently original and meet other requirements of the Copyright Act. Slip Op. at 10-11.