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Perspectives on Star Athletica v. Varsity Brands

Original air date: 12/15/16 
This course is expired and is no longer eligible for CLE.

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.


Lauren Emerson of Baker Botts, LLP 

S. Erik Combs, IV of Pirkey Barber, PLLC