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Cheerleader Uniforms: A Case Study

Decent Essays

Originally, the district court found in favor of Star Athletica, finding that “the copyright was for such design features as chevrons, stripes, and patterns, but those could not be separated from a cheerleader uniform, because such an item of sportswear was indistinguishable from its design elements” (Denniston). Varsity appealed the finding to the U.S. Court of Appeals for the Sixth Circuit where they overturned the decision of the lower court. They “concluded that Varsity’s design features could be separated from the utility of the uniforms, so they were protected as pictorial, graphic, or sculptural works” (Fang). The differing interpretations and vagueness of the Copyright Act led to the Supreme Court granting certiorari on May 2, 2016. …show more content…

Part of the alleged function of uniforms is to identify cheerleaders as members of a specific team. “Thus, a cheerleader uniform fails the “identified-separately” requirement because the uniform’s stripes, chevrons, zigzags, and color blocks cannot be recognized apart from a cheerleader uniform’s utilitarian aspects but are essential to the uniform’s use or purpose” (Fang). Star Athletica also argues that most designs are inseparable from function because designs can change the way the wearer is perceived. For example, stripes are considered a design element, but the way stripes are applied to the body can serve different functions. Horizontal stripes make a person look shorter and broader whereas vertical stripes are supposed to make someone thinner and taller. Star Athletica believes that “many of the design choices that are being claimed as copyrightable have the functional effect of accentuating parts of the cheerleader’s body, elongating the body, and enhancing the body’s curves” (“Can”). Therefore, designs such as stripes, chevrons, zigzags, and color blocks are functional elements that cannot be copyrighted

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