Schools may have fewer choices in purchasing cheerleading uniforms in the future. Varsity Brands, Inc. (“Varsity”) and Star Athletica, LLC (“Star”) have been battling over the design of cheerleading uniforms and whether the designs of the uniforms are protectable under the Copyright Act. For background information about the case, please view my previous blog post.
On March 22, 2017, the Supreme Court ruled in Star Athletica, LLC v. Varsity Brands, Inc. (Case No. 15-866) that Varsity’s designs might be eligible for trade secret protections. The Court found that decorative elements of cheerleading uniforms could be protected by copyright law if they “can be perceived as a two- or three-dimensional work of art separate from the useful article.”