IP Transactions Attorneys Co-Author Intellectual Property Magazine Article on U.S. Supreme Court Apparel Copyright Decision
In an Intellectual Property Magazine article on May 5, IP transactions partner Megan Baca (Silicon Valley) and IP transactions counsel Erica Han (Boston) co-authored an article on the U.S. Supreme Court decision in Star Athletica v. Varsity Brands.
The co-authors explain that the decision confirms that copyright protection is available to some degree for the fashion and apparel industry, although not for the cut, shape and pattern of garments, and settles the question of what test courts must use to determine separability under the U.S. Copyright Act. The decision does not further diminish the reach of copyright protection for fashion designs, which could have occurred had the decision come out differently. However, the decision also raises more questions, and its real-world impact remains to be seen.