SCOTUS Determines That Decorations on Cheerleading Uniforms Are Conceptually Separable From Uniforms And Eligible For Copyright Protection

On March 22, 2017, the Supreme Court of the United States issued a 6-2 ruling in Star Athletica, L.L.C. v. Varsity Brands, Inc., et al., holding the decorative elements on Varsity Brands' cheerleading uniforms were conceptually separable two-dimensional graphic works, and therefore eligible for copyright protection.

In so holding, the Court affirmed the Court of Appeals for the Sixth Circuit's finding that the decorations could be "identified separately" and were "capable of existing independently" of the cheerleading uniforms, and thus protectable under Section 101 of the Copyright Act.

By way of background, Varsity Brands, Inc., et al., design, manufacture, and sell cheerleading uniforms, and own over 200 U.S. copyright registrations for various two-dimensional decorations that appear on the surface of their uniforms (e.g. "chevrons...curves, stripes...coloring, and shapes").  Varsity Brands sued Star Athletica, L.L.C., a rival cheerleading uniform manufacturer