Supreme Court to review copyrighted cheerleading uniforms

The Supreme Court agreed to hear a case Monday challenging whether cheerleading uniforms can be copyrighted.

The case focuses on a lawsuit Varsity Brands Inc. brought against Star Athletica LLC for selling cheerleading gear with graphic designs Varsity alleged were substantially similar to the designs on its copyrighted uniforms.

{mosads}Star Athletica argued that Varsity’s copyrights were invalid because copyright law does not protect designs of “useful items” likes clothing.

The district agreed and said in its ruling that a cheerleading uniform is not a cheerleading uniform without stripes, chevrons, zigzags and color blocks. The decision was later reversed by the 4th Circuit Court of Appeals.

The appellate court said the graphic features of Varsity’s cheerleading-uniform designs are more like fabric design than dress designs.

“Nothing, save perhaps good taste, prevents Varsity from printing or painting its designs, framing them, and hanging the resulting prints on the wall as art,” the lower court said. “We therefore conclude the arrangement of stripes, chevrons, color blocks, and zigzags are wholly unnecessary to the performance of the garment’s ability to cover the body, permit free movement, and wick moisture.”

The Supreme Court is now being asked to define when a feature of a useful article, like clothing, can be copyrighted. Oral arguments will be scheduled in the fall.