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judy smith Mar 2017
On Wednesday the Supreme Court ruled in the Star Athletica v. Varsity Brandscase, which centered on the issue of copyrighting the chevron, stripe, and other patterns of cheerleading uniforms. To laypeople, this was the case that gave the world the justices’ unforgettable banter about fashion and style. “The clothes on the hanger do nothing. The clothes on the woman do everything. And that is, I think, what fashion is about,” said Justice Stephen Breyer during an argument with Justice Elena Kagan, who responded, “That’s so romantic.” But, to those inside the fashion world, this was a landmark that has potential to resonate in the industry for years to come. Not only is the suit the first time the Supreme Court has ever heard a case centering on apparel design copyrights, but the 6–2 ruling in favor of Varsity Brands allows elements of a garment’s design to be protected by copyright law. In the Court’s syllabus, it declares: “The Copyright Act of 1976 makes ‘pictorial, graphic, or sculptural features’ of the ‘design of a useful article’ eligible for copyright protection as artistic works if those features ‘can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.’ ”

To help translate the government legalese, Vogue spoke with Joseph Mueller, a lawyer at Dewey Pegno & Kramarsky LLP, a litigation boutique that regularly handles copyright disputes. Mueller wrote, “The Court decided that copyright law can sometimes protect aesthetic elements of designs for cheerleader uniforms. This sounds straightforward, but a little background shows why this case was complicated. Copyright law protects certain types of artistic and creative expressions. On the other end of the intellectual-property spectrum is patent law, which protects innovations based on their usefulness and novelty. This case dealt with a tricky middle ground: Copyright law can protect aesthetic features of a ‘design for a useful article’—but only if they are distinct enough from the article’s useful or functional aspect.”

But how to define what’s useful and what’s not in a garment? Would you call Craig Green’s many ties and knots functional or decorative? What about Julien Dossena’s linked squares at Paco Rabanne? “There is tons of gray area,” Mueller wrote. “The Court articulated a rule that sounds neat and tidy, but we won’t know precisely how much protection it actually gives designers until other courts apply these principles to other cases.”

In short, this ruling isn’t a blanket statement protecting all designers from knockoffs and copying, but rather it opens the door for making the case that certain parts of design can be protected by copyright. That’s important, especially considering that Congress has discussed expanding copyright protections for fashion designers but has not yet made it into law.

Still, the impact this decision could have on high fashion is great. Not only does it provide luxury houses some ground to defend themselves against fast fashion retailers who churn out replicas of runway designs before the originals hit stores, but it also has the potential to discourage designers from borrowing motifs from their peers or from the past. “Designers have relied mostly on trademarks to protect themselves, but now they can argue that more conceptual, less obvious aspects of their designs should be protected by copyright too,” wrote Mueller. “As with many Supreme Court opinions, it will take some time to know what the practical effect of this decision will be. But there’s no question that it’s a big shift. You can expect to see designers relying on copyright law more often to challenge what they perceive to be knock-offs.”Read more at:http://www.marieaustralia.com/bridesmaid-dresses | www.marieaustralia.com/red-carpet-celebrity-dresses
wordvango  Nov 2016
Not a poem!
wordvango Nov 2016
I am wanting to thank some very incredible people.
I also am hoping others will , also.
With that in mind I would like to list
ten poets here I feel people need to read.
My list consists of poets who are always active and generous ,
have good humor and sense.
I would like others to add their ten to my list.
And hopefully everyone eventually gets a shout out.
In the comments list ten poets you admire and would like to see
others appreciate. I will add  them to this list.
If you would like to list more feel free , the more the merrier, and the more
poets get a shout out and their name shared. I will add as many as you can type!
After all , this is goodwill and spirit and sharing and I feel good .


Vicki
Mark Cleavenger
Terry Collett
Ja
Sally Bayan
Emily Burns
Jules Winerose
Lady RF
Sukanya Sinha Roy
Valsa George
(Bill Hughes contributed the following)
Mary Winslow
Randolph L. Wilson
Elizabeth J
Bex
Ezra Warhol
my dearest reno
Wordvango
Jeff Stier
taia iverson
Dave Hewitt
Kristy Renae Dalton
(added by Eric W)
SPT
Doug Potter
Lola Park
SoulSurvivor
Inevitably Raised By Ducks
(added by Vicki)
Shawna Michele
Spygrandson
r
Woody
Pradip Chattopadhyay
SJR 1000
the seatbelt effect
Sonja Benskin Mesher
Don't Call Me Johnny
nivek
WL Winter
K Mae
Liz Balize
patty m
Pamela Rae
Sean Tierney
William Poppen
Michael Kagan
Biche
Irinia
Mikeccc
Paul Gaffney
Karina Norris Viers
Dawn
Brother Jimmy
Anthony
Phil Roberts
David Ehrgott
Jason Clarke
Angstrom
Jamadhi Verse
born
Weeping Willow
Terry Jordan
Traveler
Tonya Maria
CA Guilfoyle
elizabeth j
Grumpy Thumb
David Patrick O'C
f
(added by Sukanya Sinha Roy)
Eli N
Poetryjournal
Traveller
The Dead Sea
Zero
Nishu Mathur
James Michael Hail
Nagi
Angstorm
(Added by Sjr 1000)
Wardha
nagi
PoetryJournal
My Dystopia
Life's Jump
Bala
Nat Lipstad
Melissa
Ded Poet
Denel
Bex
Luiz Machado
(added by Jamadhi Verse)
Lora Lee
Wild is the Wind
Lalin
Akira Chen
R k
Onoma
Mydystopia
Stephanie
Stephan
Pradip :)
Karishna
(added by elizabeth j)
NB.
Lonely Soldier
Lily Mae
Thomas P Owens Sr
Sir WCA
Midnight Rain
Melissa S.
( added by Lori Jones McCaffery?
James
Kim Johanna Baker
Demonatachick
Elizabeth J
Yasaman Johari
Jean Lin
Lawrence Hall
Landon Miller
Chris Neilson
Pagan Paul
Sun Princess
Elizabeth Squires
Keith Wilson
dearly beloved
Kagan only
to brighten
robe in
La Jolla
with Saint
Mark there
on the
Square when
Harlem was
despair yet
Georgetown there
made this
legal parade
mirrored in
this Fall
of 2020

— The End —