Law360, New York (November 21, 2016, 12:09 PM EST) -- For nearly a century, U.S. federal courts have struggled with the "metaphysical quandary" in determining whether and when certain design features associated with useful articles are conceptually separable, and thus protectable, under the § 101 of the Copyright Act. On Oct. 31, the U.S. Supreme Court finally took up this long-standing issue, hearing oral argument in Star Athletica LLC v. Varsity Brands Inc. et. al.. It will soon weigh in on the proper test to be applied by lower courts in answering what the Sixth Circuit characterized as one of "the single most vexing, unresolved question[s] in all of copyright."
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