Drawing The Line Between Copyright And Industrial Design Protection

Where the line between art, which is protected by copyright, and industrial designs should be drawn is difficult to determine.  A recent decision of the Supreme Court of the United States adds to the discussion.

The Facts

Varsity Brands, Inc. designs, makes and sells cheerleading uniforms.  They own more than 200 U.S. copyright registrations for the two-dimensional designs that appear on the surface of their uniforms and other garments.  The designs are primarily composed of combinations and arrangements of elements that included chevrons, lines, curves, stripes, angles, diagonals, inverted chevrons, coloring and shapes. Two representative designs are reproduced below:

The Copyright Act