Though the U.S. Copyright Act does not currently offer protection for functional aspects of apparel designs, copyright protection does extend to purely decorative features of clothing that can exist independent of their functional aspects. This murky area of copyright law, known as the “Conceptual Separability Doctrine”, was the focus of a recent decision by the Sixth Circuit in Varsity Brands et al. v. Star Athletica. The court ruled that the decorative chevron designs on cheerleading uniforms are eligible for copyright protection. In reaching its conclusion, the court carefully distinguished between fabric design and garment design: fabric design covers designs printed on a completed article of clothing, whereas dress design refers to the shape, cut, style and dimensions of a finished article of clothing. Dress design has historically been deemed inseparable from an article of clothing’s utilitarian aspects, and so is ineligible for copyright protection.…
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