When is a graphic design a “work of authorship” that, when incorporated into the design of a useful article, is “identified separately from, and ' capable of existing independently of, the utilitarian aspects of the article”?
Designs on Cheerleader Uniforms Can Be Copyrighted
When is a graphic design a "work of authorship" that, when incorporated into the design of a useful article, is "identified separately from, and ' capable of existing independently of, the utilitarian aspects of the article"? In deciding that the designs on cheerleader uniforms were more like copyrightable fabric designs than unprotectable garment designs, the Sixth Circuit undertook a lengthy analysis of "separability.
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Judith L. GrubnerThis premium content is locked for The Intellectual Property Strategist subscribers only
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