Call us today0800 160 1298
 
 

Advantage Litigation

Welcome to Advantage Litigation Services. We provide affordable access to commercial litigation.

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login
    Login Login form

USA to mirror UK in Copyright Law update

Posted by on in Advantage Litigation News
  • Font size: Larger Smaller
  • Hits: 318
  • Subscribe to this entry
  • Print

In a conclusion reached earlier this year, the US Supreme Court, in the case Star Athletica LLC v Varsity Brands Inc, has stated that the ‘arrangement of colours, shapes, stripes and chevrons’ present on the cheerleader uniforms designed and manufactured by Varsity Brands are separable from the actual uniforms themselves and can therefore be protected under copyright law.

This represents an important update to US copyright law, where articles with mainly utilitarian functions (known as ‘useful articles’) such as clothing have not received copyright protection, as opposed to the design features on such useful articles which can benefit from copyright protection should they contain a graphical, sculptural or pictoral feature that a) can be identified separately from and b) is capable of existing independently of the utilitarian aspects of the item.


In the case of Varsity Brands uniforms, the Court did not decide on whether the designs being used are sufficiently original to benefit from copyright protection. This will now be decided by a lower Court now the guidance has been handed down.

This decision means that US copyright law is now in line with the extant position in the UK, where artistic works – including patterns used on clothing and other items – are protected. The biggest difference is that in the UK, such copyright applies automatically with no need for the originator to register their designs.

If you need legal assistance with a copyright or patent issue, see how Advantage could help – click here to contact
us or call on 0800 160 1298

Get in touch

  1. Your Name(*)
    Please let us know your name.
  2. Your Email(*)
    Please let us know your email address.
  3. Company Name(*)
    Please write a subject for your message.
  4. Your Phone Number
    Invalid Input
  5. Message(*)
    Please let us know your message.
  6. Anti-Spam, please enter the characters shown
    Anti-Spam, please enter the characters shown
    Invalid Input

Latest News

  • A long running property dispute involving a father and son has reached the High Court in London in highly acrimonious circumstances. The claim is being brought by 76 year old Neville Paul in a bid to be able to stay in the home that he initially purchased 25 years ago. Mr Paul, a retired ex print worker, transferred ownership of the property to his son eight years ago, but continued to live in the property in St Albans, Hertfordshire. However, Mr Paul’s son Bradley, 52, is now insisting that his father and his disabled partner leave the property, a decision that has gone badly for the pensioner, as his son Bradley now ‘requires the property for his own use’. Branding his son as ‘workshy’, who just cares about money and who ‘knows how to get through life without working Monday to Friday’,... Read More

  • A recent ruling by the High Court in London has resulted in a decision to award a health services contract to a private company being blocked. Lancashire County Council wanted to outsource children’s health services to private provider Virgin Care, in a contract worth £104m. However, a combined challenge to the contract from Blackpool Teaching Hospitals Trust and Lancashire Care NHS Foundation Trust (LCFT) succeeded in arguing that Lancashire County Council had not followed the correct procurement process. Read More

  • Kazakh businessman Ilyas Khrapunov has been ordered by the High Court in London to provide full details of how he is funding litigation against him and who is providing the funding for his legal expenses. Khrapunov is the son in law of Mukhtar Ablyazov, who is being accused of misappropriating $6bn from Kazakhstan’s JSC BTA Bank prior to its nationalisation in 2009. Solicitors for the Kazakh bank have questioned how Khrapunov is funding his legal fees, given the “striking paucity” of his personal financial situation, the fact that he and Ablyazov are subject to longstanding asset freezing orders and that the banks legal fees have already exceeded £2m. Khrapunov has claimed that it is his mother who is providing the litigation funding, even though, according to the bank, she is unlikely to be in a position to do so based on... Read More