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Perspectives on Star Athletica v. Varsity Brands

Original air date: 12/15/16

A presentation from the New Lawyers Committee - In May, the Supreme Court granted certiorari in Star Athletica v. Varsity Brands, a dispute involving the copyrightability of cheerleading uniform designs, to address one question: What is the appropriate test to determine when a feature of a useful article is protectable under 101 of the Copyright Act?

This is one of the more divisive issues in copyright law; courts have arguably employed upwards of ten different approaches to determine the conceptual separability of a design element from a useful article. The case has attracted the attention of diverse amici including professors, cosplayers, a plush toy and costume manufacturer, the United States government, fashion industry stakeholders, intellectual property associations, and a 3D printing company.

This webinar will review the positions advanced in various amicus briefs against the backdrop of the October 31 oral argument.No CLE credit available.

Speaker:

Lauren Emerson of Baker Botts, LLP 

Moderator:
S. Erik Combs, IV of Pirkey Barber, PLLC