Can a Cheerleader Uniform Designer Earn Her Stripes (and Chevrons)?
Author(s): Antonio Turco and Elizabeth Litwack
In Star Athletica, LLC v Varsity Brands, Inc (“the Varsity case”), Varsity Brands commenced an action for copyright infringement against Star Athletica, alleging that Star Athletica’s cheerleading uniforms were “substantially similar” to designs owned by Varsity Brands, which were the subject of copyright registrations. The Sixth Circuit Court of Appeals overturned a lower court decision, which had held that the copyright registrations were invalid. The Supreme Court of the United States affirmed the decision of the Sixth Circuit Court of Appeals. This article considers how the Varsity case would be decided under Canadian law and speculates on the
potential impact on, and opportunities for, Canadian businesses that may arise from the Varsity case.