The US Supreme Court [official website] on Wednesday upheld [opinion, PDF] copyright protections for features incorporated into the design of useful articles. The court ruled 6-2 in Star Athletica, LLC v. Varsity Brands, Inc. [SCOTUSblog materials] in favor of Varsity Brands in a patent infringement lawsuit concerning patterns typically fit for cheerleading uniforms. The suit was brought to determine the proper test for implementing “separate-identification and independent-existence requirements” as mandated by USC 17 § 101 [text]. The court held that a feature incorporated into a design of a useful article is eligible for copyright protection if, separate from the useful article, the feature (1) can be perceived as a two or three dimensional work of art and (2) would qualify as a protectable pictorial, graphic, or sculptural work on its own or in another tangible medium of expression. Justice Clarence Thomas, writing for the majority, opined that “the uniform design met the [separability] test of being able to exist as its own pictorial, graphic, or sculptural work.” Thomas also stated that the fact the design follows the contours of a cheerleading uniform does not bar it from copyright. The ruling supports the pre-established law that protects such works of art.

The case called into question Section 101, which provides that pictorial, graphic, or sculptural features of the design of a useful article is eligible for copyright protection if those features can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article. Varsity originally sued Star for infringement on the two-dimensional designs it uses for cheerleading uniforms. The District Court held for Star, ruling that the designs “could not be conceptually or physically separated from the uniforms” making them ineligible for copyright protection. The Sixth Circuit court reversed the decision concluding the designs could be identified separately and could exist independently of the cheerleading uniforms.