Camo, Tuxedo T-Shirt Dominate Copyright Argument

• Copyright practitioners surprised by Supreme Court failure to ask about conceptual separability test
• Eventual ruling may be narrow, applicable only to questions in this case

The U.S. Supreme Court didn’t focus during oral argument in a copyright case Oct. 31 on the biggest question that practitioners hope they will tackle—a standard for determining if designs on clothes can be protected (Star Athletica, L.L.C. v. Varsity Brands, Inc.argued).

Issues brought up before the court do not necessarily indicate how the court will rule. However, copyright lawyers told Bloomberg BNA that it was notable the justices didn’t bring up the ...