Copyright Law

Functionality Rulings Are Nothing to Cheer About

, New York Law Journal


In their Copyright Law column, Robert W. Clarida and Robert J. Bernstein write: What do cheerleading uniforms and laminated faux-maple flooring have in common? Both have recently been the subject of dubious rulings about the copyrightability of useful articles that could, if not reversed, further muddy the already murky doctrinal waters the courts have created around this issue.

Originally appeared in print as Floor Fight: Functionality Rulings Are Nothing to Cheer About

What's being said

  • IJY

    Not sure I understand the first decision. It would appear that the same conclusion would apply to professional sports logos on clothing as well. Does this now mean that people can copy and sell my favorite NFL team merchandise without liability?

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