Inside a Supreme Court case on cheerleader uniforms, a profound question about copyright


#1

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#2

And a pink robe with blue polka-dots and neon yellow fringe would permit the wearer to perform as a judge, but I somehow doubt they’d call it a judicial robe.

If nothing else, I’d think having team colors on the uniform has the very utilitarian function of being able to identify which cheerleaders are for your team.


#3

Maybe we’re about to see a renaissance in Bauhaus design. Wouldn’t it be poetic justice if, because of this ruling, plain white becomes all the rage, prompting the plaintiffs to ditch their proprietary stripes?


#4

Pertinent questions from Clarence Thomas:

Can we see how a typical female high school cheerleader looks wearing said outfits?

Can they demonstrate the various uniforms’ utility by jumping up and down and maybe some squats?


#5

I thought fashion wasn’t copyrightable? http://www.copyright.gov/docs/regstat072706.html


#6

Well, first we all have to agree on what, exactly, the “utility” of a cheerleader uniform is…

I assume the judges will just “know it when they see it”


#7

Applying this utilitarian logic to sports teams the only function a strip serves is to allow players in the field of play to identify who is on which team, so every team should have two strips, a red one & a blue one, red for home, blue for away and in the event of playing on a neutral ground colours should be randomly applied.

I can see no issue with this whatsoever…


#8

That’s the point - so did the rest of us.


#9

a case that could change the fundamental relationship of Americans to the everyday physical objects in their lives.

Spoiler: it probably won’t.


#10

But a yellow fringe would indicate that it’s an admiralty court and therefore has no jurisdiction, or something.


#11

No, no, that’s a gold fringe. I think neon yellow just indicates that it’s from the 1980s or something.


#12


#13

Is the “this” in this sentence the United States of America?


#14

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