The Sixth Circuit has an opportunity to consider the copyrightability of clothing design elements. A federal court in Tennessee recently held that cheerleading uniforms were not copyrightable because design elements could not be conceptually or physically separated from the uniforms’ utilitarian function. Varsity Brands, Inc. v. Star Athletica, LLC, No. 10-cv-02508 (W.D. Tenn. March 1, 2014). The court granted summary judgment for Star Athletica, which was accused of infringing Varsity Brands’ designs in a 2010 catalog. Varsity Brands has appealed the ruling.
