Did the 6th Circuit opinion in Varsity Brands et al v. Star Athletica herald a shift in the doctrine of conceptual separability as applied to fashion? By ruling that the chevrons, stripes, zigzags and color blocks of a cheerleader uniform are separately protectable from the utilitarian function of the uniform, can we extrapolate that courts are moving toward being more likely to find infringement based on fashion design?
And what about the perennial attempts at legislation in this space? What are the issues at stake behind expanding copyright protecting explicitly to fashion, and what are the odds that such legislation will ever pass?
Join the Philadelphia Chapter of the Copyright Society of the USA for a lunchtime forum to discuss these issues with experienced copyright law attorney Eleanor M. Lackman, a partner at the New York City office of Cowan DeBaets Abrahams & Sheppard LLP, and Kia Holifield Wimmer, Senior Counsel of apparel giant VF Corporation’s intellectual property services subsidiary, where she oversees the protection of brands such as Kipling, JanSport, Vans, Lee jeans, lucy, and Splendid, among others.
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