Iowa State Cyclones cheerleaders during the 2016 NCAA Men's Basketball Tournament. (credit: Jamie Squire/Getty Images)
The US Supreme Court said yesterday it will hear a case between two cheerleader uniform suppliers that could affect the state of copyright nationwide.In 2010, Star Athletica published its first catalog of cheerleading uniforms and was promptly sued. Varsity Brands, the world's biggest manufacturer of cheerleading and dance-team uniforms, alleged that Star Athletica's uniforms violated Varsity's copyrighted designs.
The clothiers' conflict could have wide effects in the fashion world and beyond. A trio of 3D printing companies have already filed an amicus brief asking the high court to take the case, seeking clarity on how to separate creative, copyrightable designs from utilitarian objects that aren't subject to copyright.
The case below
Star argues that Varsity's copyrights were on utilitarian elements of the uniforms, and thus shouldn't be allowed. The US has never allowed copyrights on "useful articles," and that's long been held to include clothing. Star won its case in district court, but a split panel at the US Court of Appeals for the 6th Circuit overturned the win, siding with Varsity.
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