Star Athletica, LLC v. Varsity Brands, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-866 | 6th Cir. | Oct 31, 2016 | Mar 22, 2017 | 6-2 | Thomas | OT 2016 |
Holding: A feature incorporated into the design of a useful article is eligible for copyright protection under the Copyright Act of 1976 only if the feature (1) can be perceived as a two- or three-dimensional work of art separate from the useful article, and (2) would qualify as a protectable pictorial, graphic or sculptural work -- either on its own or fixed in some other tangible medium of expression -- if it were imagined separately from the useful article into which it is incorporated; that test is satisfied here.
Judgment: Affirmed, 6-2, in an opinion by Justice Thomas on March 22, 2017. Justice Ginsburg filed an opinion concurring in the judgment. Justice Breyer filed a dissenting opinion, in which Justice Kennedy joined.
SCOTUSblog Coverage
- Opinion analysis: Court uses cheerleader uniform case to validate broad copyright in industrial designs (Ronald Mann, March 23, 2017)
- Argument analysis: Justices worry about "killing knockoffs with copyright" (Ronald Mann, November 1, 2016)
- A "view" from the courtroom: Dress for success (Mark Walsh, November 1, 2016)
- Argument preview: Court to consider copyright protection for cheerleading uniforms (Ronald Mann, October 24, 2016)
- Useful or creative: A look at design protection (Lyle Denniston, May 2, 2016)
| Date | Proceedings and Orders |
|---|---|
| 01/05/2016 | Petition for a writ of certiorari filed. (Response due February 8, 2016) |
| 01/21/2016 | Order extending time to file response to petition to and including March 4, 2016. |
| 02/05/2016 | Brief amici curiae of Public Knowledge, et al. filed. |
| 02/08/2016 | Brief amici curiae of FormLabs Inc., et al. filed. |
| 03/04/2016 | Brief of respondents Varsity Brands, Inc., et al. in opposition filed. |
| 03/23/2016 | DISTRIBUTED for Conference of April 15, 2016. |
| 03/23/2016 | Reply of petitioner Star Athletica, L.L.C. filed. (Distributed) |
| 04/18/2016 | DISTRIBUTED for Conference of April 22, 2016. |
| 04/25/2016 | DISTRIBUTED for Conference of April 29, 2016. |
| 05/02/2016 | Petition GRANTED limited to Question 1 presented by the petition. |
| 05/10/2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 05/17/2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents. |
| 05/26/2016 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 15, 2016. |
| 05/26/2016 | The time to file respondents' brief on the merits is extended to and including September 14, 2016. |
| 05/26/2016 | Brief amicus curiae of Royal Manticoran Navy: The Official Honor Harrington Fan Association, Inc. filed. |
| 07/15/2016 | Joint appendix filed. (Statement of costs filed) |
| 07/15/2016 | Brief of petitioner Star Athletica, L.L.C. filed. |
| 07/21/2016 | Brief amici curiae of Public Knowledge, et al. filed. |
| 07/22/2016 | Brief amici curiae of Professors Christopher Buccafusco and Jeanne Fromer filed. |
| 07/22/2016 | Brief amici curiae of Intellectual Property Professors filed. |
| 07/22/2016 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| 07/22/2016 | Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed. |
| 07/22/2016 | Brief amicus curiae of Intellectual Property Law Association of Chicago in support of neither party filed. |
| 09/02/2016 | SET FOR ARGUMENT On Monday, October 31, 2016 |
| 09/09/2016 | Record has been requested from the U.S.C.A. 6th Circuit. |
| 09/14/2016 | Brief of respondents Varsity Brands, Inc., et al. filed. |
| 09/15/2016 | Record received from the U.S.D.C. Eastern District of Michigan ( 2 Boxes ). |
| 09/19/2016 | Brief amicus curiae of Intellectual Property Owners Association filed. |
| 09/21/2016 | Brief amicus curiae of United States filed. |
| 09/21/2016 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 09/21/2016 | Brief amici curiae of Professors Jeannie Suk Gersen and C. Scott Hemphill filed. |
| 09/21/2016 | Brief amici curiae of Fashion Law Institute, et al. filed. |
| 09/21/2016 | Brief amicus curiae of Chosun International, Inc. filed. |
| 09/21/2016 | Brief amicus curiae of Council of Fashion Designers of America, Inc. filed. |
| 09/28/2016 | CIRCULATED |
| 10/11/2016 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/14/2016 | Reply of petitioner Star Athletica, L.L.C. filed. (Distributed) |
| 10/31/2016 | Argued. For petitioner: John J. Bursch, Caledonia, Mich. For respondents: William M. Jay, Washington, D. C.; and Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 03/22/2017 | Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, and Kagan, JJ., joined. Ginsburg, J., filed an opinion concurring in the judgment. Breyer, J., filed a dissenting opinion in which Kennedy, J., joined. |
| 04/24/2017 | JUDGMENT ISSUED. |