The world of fashion, typically known for evolving trends, is now looking to the U.S. Supreme Court to determine the direction of its next runway. Just as the convergence of technology and fashion over the past several years has changed how we dress and shop, the confluence of two seemingly unrelated cases heard by the Supreme Court this term may dramatically alter the legal landscape for protection and enforcement of intellectual property rights pertaining to designs.
On Dec. 6, 2016, the court issued a unanimous decision in Samsung Elect. Co. v. Apple, 580 U.S. ____ (2016), the most recent round of a long-fought battle centering on the design of smartphones. Earlier in the term, the Justices heard oral argument in Star Athletica v. Varsity Brands, 799 F.3d 468 (6th Cir. 2015), which considers whether features regularly associated with cheerleaders’ uniforms are unprotectable functional elements that identify the wearer as a cheerleader, or are instead proprietary graphic designs. Although Samsung is widely discussed as a patent damages case, and Star Athletica sounds in copyright, both strike at the tension between form and function, seeking legal determinations likely to have significant commercial implications.
