U.S. Supreme Court,
Intellectual Property
Oct. 12, 2017
The genus and species of copyright
Justice Thomas' approach in his Varsity v. Star Athletica opinion transforms copyright applications for the designs of useful articles -- a statutorily suspect category for which a specific test was mandated -- and delivers them to the promised land of copyright protection.
Antonio R. Sarabia II
IP Business Law, Inc.
320 via Pasqual
Redondo Beach , California 90277
Email: asarabia2@gmail.com
In Varsity v. Star Athletica, the U.S. Supreme Court addressed one of the confounding issues in copyright law: when pictorial, graphic and sculptural works are sufficiently separate from the articles on which they are placed to qualify for copyright protection. While it is easy to see that a painting on a door or a mural on a wall may be recognized as art entitled to copyright protection without regard to the function of the door or wall, o...
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