Intellectual Property Transactions Partner Quoted in and New York Law Journal on U.S. Supreme Court Apparel IP Protection Ruling

In The News
March 27, 2017

In March 22 articles in and New York Law Journal, intellectual property transactions partner Megan Baca (Silicon Valley) is quoted on the U.S. Supreme Court ruling that the decorative elements of a cheerleading uniform are protected by copyright law.

Apparel designers rely on a combination of copyright, design patents, trademark, and trade dress to protect designs in apparel. There is widespread disagreement in the apparel industry over whether expressive elements on apparel are eligible for copyright protection when they are intertwined with “useful items.”

The Supreme Court resolved some uncertainty by setting forth a two-prong test for whether expressive elements are protectable by copyright. Ms. Baca notes, however, that there is more work to be done for lower courts in applying the test.