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Star Athletica, LLC V. Varsity Brands, Inc.
''Star Athletica, LLC v. Varsity Brands, Inc.'', 580 U.S. ___ (2017), was a U.S. Supreme Court case in which the court decided under what circumstances aesthetic elements of "useful articles" can be restricted by copyright law. The Court created a two-prong "separability" test, granting copyrightability based on separate identification and independent existence; the aesthetic elements must be identifiable as art if mentally separated from the article's practical use, and must qualify as copyrightable pictorial, graphic, or sculptural works if expressed in any medium. The case was a dispute between two clothing manufacturers, Star Athletica and Varsity Brands. Star Athletica began creating cheerleading uniforms with stripes, zigzags, and chevron insignia similar to those made by a Varsity subsidiary at a lower price. Varsity sued Star Athletica for copyright infringement, and Star Athletica said that the clothing designs were uncopyrightable because their aesthetic designs were ti ...
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United States District Court For The Western District Of Tennessee
The United States District Court for the Western District of Tennessee (in case citations, W.D. Tenn.) is the federal district court covering the western part of the state of Tennessee. Appeals from the Western District of Tennessee are taken to the United States Court of Appeals for the Sixth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). Jurisdiction The jurisdiction of the Western District of Tennessee comprises the following counties: Benton, Carroll, Chester, Crockett, Decatur, Dyer, Fayette, Gibson, Hardeman, Hardin, Haywood, Henderson, Henry, Lake, Lauderdale, Madison, McNairy, Obion, Perry, Shelby, Tipton, and Weakley. The court's jurisdiction includes the entirety of West Tennessee, plus Perry County in Middle Tennessee. This area includes the cities of Jackson and Memphis. The United States Attorney's Office for the Western District of Tennessee represents the ...
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Fashion
Fashion is a form of self-expression and autonomy at a particular period and place and in a specific context, of clothing, footwear, lifestyle, accessories, makeup, hairstyle, and body posture. The term implies a look defined by the fashion industry as that which is ''trending''. Everything that is considered ''fashion'' is available and popularized by the fashion system (industry and media). Given the rise in mass production of commodities and clothing at lower prices and global reach, sustainability has become an urgent issue among politicians, brands, and consumers. Definitions The French word , meaning "fashion", dates as far back as 1482, while the English word denoting something "in style" dates only to the 16th century. Other words exist related to concepts of style and appeal that precede ''mode''. In the 12th and 13th century Old French the concept of elegance begins to appear in the context of aristocratic preferences to enhance beauty and display refinement, a ...
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Design Patent
In the United States, a design patent is a form of legal protection granted to the ornamental design of an article of manufacture. Design patents are a type of industrial design right. Ornamental designs of jewelry, furniture, beverage containers (Fig. 1) and computer icons are examples of objects that are covered by design patents. A similar intellectual property right, a registered design, can be obtained in other countries. In Kenya, Japan, South Korea and Hungary, industrial designs are registered after performing an official novelty search. In the countries of the European Community, one needs to only pay an official fee and meet other formal requirements for registration (e.g. Community design at EUIPO, Germany, France, Spain). For the member states of WIPO, cover is afforded by registration at WIPO and examination by the designated member states in accordance with the Geneva Act of the Hague Agreement. Protections A US design patent covers the ornamental design ...
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Industrial Design
Industrial design is a process of design applied to physical products that are to be manufactured by mass production. It is the creative act of determining and defining a product's form and features, which takes place in advance of the manufacture or production of the product. It consists purely of repeated, often automated, replication, while craft-based design is a process or approach in which the form of the product is determined by the product's creator largely concurrent with the act of its production. All manufactured products are the result of a design process, but the nature of this process can vary. It can be conducted by an individual or a team, and such a team could include people with varied expertise (e.g. designers, engineers, business experts, etc.). It can emphasize intuitive creativity or calculated scientific decision-making, and often emphasizes a mix of both. It can be influenced by factors as varied as materials, production processes, business strategy, a ...
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Applied Art
The applied arts are all the arts that apply design and decoration to everyday and essentially practical objects in order to make them aesthetically pleasing."Applied art" in ''The Oxford Dictionary of Art''. Online edition. Oxford University Press, 2004. www.oxfordreference.com. Retrieved 23 November 2013. The term is used in distinction to the fine arts, which are those that produce objects with no practical use, whose only purpose is to be beautiful or stimulate the intellect in some way. In practice, the two often overlap. Applied arts largely overlaps with decorative arts, and the modern making of applied art is usually called design. Example of applied arts are: * Industrial design – mass-produced objects. * Sculpture – also counted as a fine art. * Architecture – also counted as a fine art. * Crafts – also counted as a fine art. * Ceramic art * Automotive design * Fashion design * Calligraphy * Interior design * Graphic design * Cartographic (map) des ...
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United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The U.S. vice president has a vote in the Senate only when senators are evenly divided. The House of Representatives has six non-voting members. The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections are held every even-numbered year on Election Day. The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 establishes that there be 435 representatives and the Uniform Congressional Redistricting Act requires t ...
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Public Domain
The public domain (PD) consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because those rights have expired, anyone can legally use or reference those works without permission. As examples, the works of William Shakespeare, Ludwig van Beethoven, Leonardo da Vinci and Georges Méliès are in the public domain either by virtue of their having been created before copyright existed, or by their copyright term having expired. Some works are not covered by a country's copyright laws, and are therefore in the public domain; for example, in the United States, items excluded from copyright include the formulae of Newtonian physics, cooking recipes,Copyright Protection ...
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Sears, Roebuck & Co
Sears, Roebuck and Co. ( ), commonly known as Sears, is an American chain of department stores founded in 1892 by Richard Warren Sears and Alvah Curtis Roebuck and reincorporated in 1906 by Richard Sears and Julius Rosenwald, with what began as a mail ordering catalog company migrating to opening retail locations in 1925, the first in Chicago. In 2005, the company was bought by the management of the American Big-box store, big box discount chain Kmart (United States), Kmart, which upon completion of the merger, formed Sears Holdings. Through the 1980s, Sears was the largest retailer in the United States. In 2018, it was the 31st-largest. After several years of declining sales, Sears's parent company filed for Chapter 11 bankruptcy on October 15, 2018. It announced on January 16, 2019, that it had won its bankruptcy auction, and that a reduced number of 425 stores would remain open, including 223 Sears stores. Sears was based in the Willis Tower, Sears Tower in Chicago from 1973 ...
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Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder ...
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Threshold Of Originality
Threshold may refer to: Architecture * Threshold (door), the sill of a door Media * ''Threshold'' (1981 film) * ''Threshold'' (TV series), an American science fiction drama series produced during 2005-2006 * "Threshold" (''Stargate SG-1''), an episode of the TV series * "Threshold" (''Star Trek: Voyager''), an episode of the TV series * Threshold Entertainment, a Hollywood Intellectual Property Management and Production Company * Threshold Podcast, a podcast focused on long-form reporting of climate justice topics Literature * ''Threshold'' (1990 novel), a science fiction novel by Chris and Janet Morris * ''Threshold'' (Sara Douglass novel), a fantasy novel * ''Threshold'' (Palmer novel), a science fiction novel by David R. Palmer * ''Threshold'', the first volume of the collected short fiction of Roger Zelazny * ''Threshold'' (DC Comics), a comic book published by DC Comics * Threshold (''Doctor Who''), an organization in ''Doctor Who'' comic strips * ''Threshold'' ...
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Copyright Act Of 1909
The Copyright Act of 1909 () was a landmark statute in United States statutory copyright law. It went into effect on July 1, 1909. The 1909 Act was repealed and superseded by the Copyright Act of 1976, which went into effect on January 1, 1978; but some of 1909 Act's provisions continue to apply to copyrighted works created before 1978. It allowed for works to be copyrighted for a period of 28 years from the date of publication and extended the renewal term from 14 years (effective as of the Copyright Act of 1831) to 28 years, for a maximum of 56 years (in place of the former 42 years). Background Before the 1909 Act, the last major revision to United States copyright law was the 1790 Act. Methods of reproducing and duplicating works subject to copyright had significantly increased since the 1790 Act. President Theodore Roosevelt expressed the need for a complete revision of copyright law as opposed to amendments, saying in a message to Congress in December 1905, "Our copyr ...
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Mazer V
Mazer may refer to: * Mazer (drinking vessel), a type of Germanic drinking vessel crafted from the 13th to the 16th centuries *Mazer Rackham, a fictional character from Orson Scott Card's ''Ender's Game'' series *Bill Mazer, a famous American sportscaster *Norma Fox Mazer, author of books for children and young adults * Johan Mazer, Swedish musician * ''Mazer'' (video game), a 1996 video game by American Laser Games *Mazer Zaouia, a village in El Oued Province, Algeria See also * Maser, a device that emits microwaves by stimulated emission, similar to a laser but using a longer wavelength. * Mazar (other) Mazar of Al-Mazar may refer to: *Mazar (mausoleum); often but not always Muslim mausoleum or shrine. Places * Mazar (toponymy), a component of Arabic toponyms literally meaning shrine, grave, tomb, etc. * Mazar, Afghanistan, a village in Balkh P ... * Mazor (other) * Mazur (other) {{disambig, surname ...
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