U.S. appeals court revives copyright lawsuit over cheerleader uniforms

The 6th United States Circuit Court of Appeals in Cincinnati just ruled 2-1 that the colors and designs of cheerleader uniforms can by copyrighted under federal law. This decision has put a lawsuit filed by Varsity Brands Inc., one of the country's leading cheerleader uniform manufacturers, back on the table. 

The lawsuit claims that Chesterfield-based uniform manufacturer copied a total of five of Varsity's designs.

In the majority opinion, Circuit Judge Karen Nelson Moore argued that Varsity should be able to copyright the graphic side of its designs, since they were completely separate from the uniforms' functionality for covering the body, allowing free movement and absorbing moisture.

"Indeed," she wrote, "nothing (save perhaps good taste) prevents Varsity from printing or painting its designs, framing them, and hanging the resulting prints on the wall as art."

This decision reversed an earlier, March 2014 ruling by District Judge Robert Cleland. By reviving Varsity's case, it also revived several other claims, including whether or not Star violated the state of Tennessee's unfair competition laws. The case is returning to Judge Cleland for further developments and proceedings.

Circuit Judge David McKeague was the dissenter, writing that "the law in this area is a mess – and it has been for a long time." He requested that either Congress or the Supreme Court clarify copyright law when it comes to garment design.

If you're based in Arizona believe someone is unfairly profiting off of your work without your permission, it's important to contact a skilled business attorney as soon as possible. A lawyer can help protect your rights in case of litigation, and get you just compensation.

Categorised in: Intellectual Property Law

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