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

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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.

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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?

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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?

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

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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”

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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…

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

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

Spoiler: it probably won’t.

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

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

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

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