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Copyright Litigation › Intellectual Property Protection › Fashion Design

Quarles & Brady LLP

German Birkenstock Decision Shows the Limits of Copyright Protection for Functional Designs

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“Aber ist es Kunst?” - That question—“But is it art?”—was before the German Bundesgerichtshof (“BGH”), or Federal Court of Justice, in a recent proceeding involving the well-known Birkenstock sandal design. ...more

Foley Hoag LLP - Making Your Mark

The Top 5 Most Fashionable Intellectual Property Disputes To Walk This Year’s Runways at New York Fashion Week

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New York Fashion Week (NYFW) officially kicks off today, February 7, 2020, with a week’s worth of captivating runway shows from top designers. The timing, however, could not be worse, since the 92nd Academy Awards is airing...more

Best Best & Krieger LLP

Fashion Design Copyright Infringement Victory - BB&K Partner Henry Welles Wins Fashion Industry Clothing IP Case

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A fashion clothing industry copyright infringement appeal was won by Best Best & Krieger LLP Partner Henry Welles, who represented Natural Fashions, Inc., which does business as Anu. The case was originally brought in federal...more

Fish & Richardson

Hip Hip Hooray! Supreme Court Upholds Copyright Protection for Cheerleader Uniforms

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On March 22, 2017, the Supreme Court, in a 6-2 opinion by Justice Thomas, affirmed the Sixth Circuit’s holding that the two-dimensional graphic designs on Varsity Brands’ cheerleading uniforms are eligible for copyright...more

Dorsey & Whitney LLP

Reason to Cheer – SCOTUS Suits Up to Hear Copyright Clash Over Cheerleading Uniforms

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Hold onto your pom-poms, copyright fans. On May 2, 2016, the U.S. Supreme Court granted certiorari to address a question that has vexed lower courts across the land: What is the appropriate test to determine when a feature...more

Foley Hoag LLP - Trademark, Copyright &...

Can I get a C-O-P-Y-R-I-G-H-T? Sixth Circuit Holds Cheerleading Uniform Designs Copyrightable

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When are clothing designs sufficiently severable from the utilitarian aspects of the clothing so that the designs can be protected by copyright? That is a question courts have wrestled with for years, and the Sixth Circuit...more

McDermott Will & Emery

Court Fashions Hybrid Approach to Determining Whether Garment Designs Are Copyrightable - Varsity Brands et al. v. Star Athletica

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Addressing for the first time the question of whether “cheerleading uniforms [are] truly cheerleading uniforms without the stripes, chevrons, zigzags, and color blocks” the U.S. Court of Appeals for the Sixth Circuit answered...more

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