Darrell G. Mottley, who attended the Supreme Court’s arguments in Star Athletica v. Varsity Brands, discusses the justices’ take on camouflage and how it compares to the design of cheerleading uniforms in Managing Intellectual Property.
The article points out that “camouflage is both copyrightable and functional, in that it provides concealment to the wearable, but the particular fabric patterns of camouflage can be copyrighted.” Mr. Mottley says that the justices “sort of went back and forth about what that means.”
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Posted: November 2, 2016