Bring it on, says the Sixth Circuit, which recently explored the question of what makes a cheerleading uniform a cheerleading uniform, according to Lauren Kuley of Squire Patton Boggs. In the case, Varsity Brands sued Star Athletica for copying its designs. The district court granted summary judgment to Star, stating Varsity did not hold valid copyright to the designs. But the Sixth Circuit reversed, and “along the way, the court addressed several unsettled issues of copyright law,” says Kuley.
First, Kuley explains the court settled the matter of deference that is owed to the Copyright Office. “That determination, the court concluded, is entitled to Skidmore deference, not the higher Chevron deference,” Kuley says. For more information on those standards, see here.
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