You’ve Gotta Keep ‘Em Separated

Foley attorneys Laura Ganoza, Jeffrey Greene and Julie McGinnis contributed an article to IPPro The Internet, “You’ve Gotta Keep ‘Em Separated,” on October 25, 2016. The article examined the Star Athletica v. Varsity Brands Supreme Court case, which asks the court to clarify the appropriate test that should be used to determine when a feature of a useful article is protectable under U.S. copyright law. The authors discussed what qualifies as a useful article and the complexities that arise when trying to protect designs of useful articles. The authors also outlined several of the tests the court typically uses to determine whether a feature is conceptually separate from the work.