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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

What makes a cheerleading uniform a cheerleading uniform?  The appellate attorneys at Warner Norcross &amp; LLP are asking the 6th Circuit U.S. Court of Appeals to take a closer look at the issue.

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John J. Bursch and Matthew T. Nelson, partners with Warner filed a request for an en banc hearing yesterday in the copyright case of Varsity Brands et al v. Star Athletica over the colorblocks, stripes and zigzags that set cheer uniforms apart.&nbsp; In August, three judges of the 6th Circuit overturned a district court ruling granting summary judgment to Star, which defended a copyright infringement suit by arguing that Varsity couldn’t copyright the designs for its uniforms.&nbsp; The decision was split 2-1.

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In representing Star Athletica, Bursch and Nelson are asking for all 15 judges of the 6th Circuit to hear the case and issue a verdict that would “give this area the Court’s stamp of authenticity,” according to Bursch.

Key issues to be considered in the case include:

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“As Judge McKeague mentioned in his dissent, this area of the law is jumbled,” Nelson said.&nbsp; “We are asking the full panel of judges at the 6th Circuit to clarify the issue of copyright at stake here and issue a definitive decision.”

Bursch and Nelson are available for interviews.

Partner

Matthew T. “Matt” Nelson

Intellectual Property Enforcement and Litigation

Litigation and Dispute Resolution

Decorative? Functional? Copyrightable? Warner Asks 6th Circuit to Review Decision on Cheerleader Uniforms

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Decorative? Functional? Copyrightable? Warner Asks 6th Circuit to Review Decision on Cheerleader Uniforms

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