The tale of the cheerleader and the protectable 2-D artwork

Anyone who works in the fashion or the arts is likely aware of the difficulty of protecting your designs, with the constant battle with knock-offs and copycat products. While brand names and distinctive elements can be protected under trademark law, smaller designers and brands often find themselves without recourse if their ideas are replicated.

Recently, the Supreme Court issued a decision in Star Athletica, L.L.C. v. Varsity Brands Inc. that gives apparel companies additional clarity and possible expanded protection for their products.

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