The Copyright Protection of Fashion Designs: More than Just a Trend

  • November 06, 2019
  • Alessia Monastero

It has been nearly three years since the decision in Star Athletica, LLC v Varsity Brands, Inc., et al, No. 15-866, where the Supreme Court of the United States re-evaluated when a feature incorporated into the design of a useful article is eligible for copyright protection. There, the Supreme Court found that that the lines and chevrons on the Varsity Brands cheerleading uniforms were copyrightable. However, since Star Atheltica, the debate surrounding the copyrightability of fashion designs has created significant conversation across various jurisdictions. As designers are seeking greater protection of their creative works, there continues to exist an interesting and complex dynamic between granting protection and ensuring that essential elements and designs remain part of the public domain.