The Sixth Circuit recently explored the question, what makes a cheerleading uniform a cheerleading uniform? Can it serve its function without stripes, chevrons, zigzags, and colorblocks? In the district court, Varsity Brands, Inc. sued Star Athletica, LLC, claiming that Star copied Varsity’s copyrighted designs for cheerleading uniforms. Star countered that Varsity did not hold valid copyrights to the designs. The district court agreed, granting summary judgment for Star. In Varsity Brands et al v. Star Athletica, in a divided decision, the Sixth Circuit reversed. Judge Moore, writing for the majority, concluded that Varsity’s designs are protectable under the Copyright Act. Along the way, the court addressed several unsettled issues of copyright law in the Sixth Circuit.
First, the court resolved what level of deference is owed to the Copyright Office (which initially approved Varsity’s copyright registrations). That determination, the court concluded, is entitled to Skidmore deference, not the higher Chevron deference. In light of the Copyright Office’s experience, published manual, and consistent treatment of Varsity’s designs, the court applied a presumption in favor of copyright validity.
