The Supreme Court established a two-part test in the case Star Athletica, L.L.C. v. Varsity Brands, Inc. :
The artistic feature must be able to be perceived as a two- or three-dimensional work of art separate from the useful article. apdn__1249zip
Companies like Applied DNA Sciences (APDN) provide a technical solution for manufacturers of useful articles. Because these items (like high-end apparel or automotive parts) often lack strong copyright protection for their overall design, they are frequent targets for counterfeiting. APDN uses molecular tags to prove an item is "original" at the fiber or material level, bypassing the legal "muddle" of trying to copyright the item's physical shape. Useful Articles - Copyright The Supreme Court established a two-part test in