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. Industrial manufacture consists of predetermined, standardized and repeated, often automated, acts of replication, while craft -based design is a process or approach in which the form of the product is determined personally by the product's creator largely concurrent with the act of its production.
207-444: Star Athletica, LLC v. Varsity Brands, Inc. , 580 U.S. 405 (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
414-810: A Bachelor of Industrial Design (B.I.D.), Bachelor of Science (B.Sc) or Bachelor of Fine Arts (B.F.A.). Afterwards, the bachelor programme can be extended to postgraduate degrees such as Master of Design , Master of Fine Arts and others to a Master of Arts or Master of Science . Industrial design studies function and form—and the connection between product, user, and environment. Generally, industrial design professionals work in small scale design, rather than overall design of complex systems such as buildings or ships. Industrial designers don't usually design motors, electrical circuits, or gearing that make machines move, but they may affect technical aspects through usability design and form relationships. Usually, they work with other professionals such as engineers who focus on
621-408: A strong central government argued that national laws could be enforced by state courts, while others, including James Madison , advocated for a national judicial authority consisting of tribunals chosen by the national legislature. It was proposed that the judiciary should have a role in checking the executive's power to veto or revise laws. Eventually, the framers compromised by sketching only
828-419: A CAD model. From this the manufacturing process may be modified to improve the product. Product characteristics specified by industrial designers may include the overall form of the object, the location of details with respect to one another, colors , texture, form, and aspects concerning the use of the product . Additionally, they may specify aspects concerning the production process, choice of materials and
1035-459: A Catholic or an Episcopalian . Historically, most justices have been Protestants, including 36 Episcopalians, 19 Presbyterians , 10 Unitarians , 5 Methodists , and 3 Baptists . The first Catholic justice was Roger Taney in 1836, and 1916 saw the appointment of the first Jewish justice, Louis Brandeis . In recent years the historical situation has reversed, as most recent justices have been either Catholic or Jewish. Three justices are from
1242-602: A State shall be Party." In 1803, the Court asserted itself the power of judicial review , the ability to invalidate a statute for violating a provision of the Constitution via the landmark case Marbury v Madison . It is also able to strike down presidential directives for violating either the Constitution or statutory law . Under Article Three of the United States Constitution , the composition and procedures of
1449-415: A better quality of life. " Although the process of design may be considered 'creative,' many analytical processes also take place. In fact, many industrial designers often use various design methodologies in their creative process. Some of the processes that are commonly used are user research, sketching, comparative product research, model making, prototyping and testing. These processes are best defined by
1656-559: A bigger court would reduce the power of the swing justice , ensure the court has "a greater diversity of views", and make confirmation of new justices less politically contentious. There are currently nine justices on the Supreme Court: Chief Justice John Roberts and eight associate justices. Among the current members of the court, Clarence Thomas is the longest-serving justice, with a tenure of 12,091 days ( 33 years, 37 days) as of November 29, 2024;
1863-467: A burgeoning part of the industry. The United States government also supported Varsity. The government said that the question of a proper separability analysis was unnecessary because, in creating the designs as drawings, Varsity had received a copyright for them and reserved the ability to reproduce that design however they chose to in any medium. It pointed to a concession from Star Athletica that if Varsity (hypothetically) controlled The Starry Night ,
2070-419: A central field of black bordered at the bottom by a gray/white/black multistripe forming a shallow 'vee' of which the left-hand leg is horizontal, while the right-hand leg stretches 'northeast' at approximately a forty-five degree angle." Varsity frequently filed lawsuits alleging infringement with accusations of general copying to halt other companies from merchandising competing uniforms. The competitors regarded
2277-473: A century. Varsity Brands's leadership and supporters were pleased by the decision. Varsity founder Jeff Webb said that it was a win for "the basic idea that designers everywhere can create excellent work and make investments in their future without fear of having it stolen or copied." Susan Scafidi , founder of the Fashion Law Institute, had been involved with the case from the district-court level and
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#17328558994652484-542: A chief justice and five associate justices through the Judiciary Act of 1789 . The size of the court was first altered by the Midnight Judges Act of 1801 which would have reduced the size of the court to five members upon its next vacancy (as federal judges have life tenure ), but the Judiciary Act of 1802 promptly negated the 1801 act, restoring the court's size to six members before any such vacancy occurred. As
2691-406: A combination of aesthetics and user-focused considerations, but also often provides solutions for problems of form, function, physical ergonomics , marketing, brand development, sustainability, and sales. For several millennia before the onset of industrialization , design, technical expertise, and manufacturing was often done by individual crafts people , who determined the form of a product at
2898-514: A commission, to which the Seal of the Department of Justice must be affixed, before the appointee can take office. The seniority of an associate justice is based on the commissioning date, not the confirmation or swearing-in date. After receiving their commission, the appointee must then take the two prescribed oaths before assuming their official duties. The importance of the oath taking is underscored by
3105-563: A competitive footing with Great Britain and the United States. The earliest published use of the term may have been in The Art-Union , 15 September 1840. Dyce's Report to the Board of Trade, on Foreign Schools of Design for Manufactures. Mr. Dyce's official visit to France, Prussia, and Bavaria, for the purpose of examining the state of schools of design in those countries, will be fresh in
3312-521: A complete line of modern furniture, among many other items. Richard Teague , who spent most of his career with the American Motors Corporation , originated the concept of using interchangeable body panels so as to create a wide array of different vehicles using the same stampings. He was responsible for such unique automotive designs as the Pacer , Gremlin , Matador coupe , Jeep Cherokee , and
3519-466: A conservative shift. It also expanded Griswold ' s right to privacy to strike down abortion laws ( Roe v. Wade ) but divided deeply on affirmative action ( Regents of the University of California v. Bakke ) and campaign finance regulation ( Buckley v. Valeo ). It also wavered on the death penalty , ruling first that most applications were defective ( Furman v. Georgia ), but later that
3726-508: A costume's function as clothing. Unauthorized replicas of these items may involve more legal hazard than before Star Athletica . Meredith Rose, policy counsel of Public Knowledge and involved in the group's cosplay amicus brief, later wrote for the group that fair-use rights could still apply to cosplay. Rose agreed that ornamental designs and props could be restricted more easily because "when copyright law looks at props, cosplay armor, and accessories, it sees sculptures", but said that cosplay
3933-522: A decade. Christopher Dresser is considered among the first independent industrial designers. Industrial design's origins lie in the industrialization of consumer products. For instance, the Deutscher Werkbund (a precursor to the Bauhaus founded in 1907 by Peter Behrens and others) was a state-sponsored effort to integrate traditional crafts and industrial mass-production techniques, to put Germany on
4140-530: A design in use to this day. Schreckengost also founded The Cleveland Institute of Art's school of industrial design. Oskar Barnack was a German optical engineer, precision mechanic, industrial designer, and the father of 35mm photography. He developed the Leica , which became the hallmark for photography for 50 years, and remains a high-water mark for mechanical and optical design. Charles and Ray Eames were most famous for their pioneering furniture designs, such as
4347-405: A designer, independent of its utilitarian purpose, and be marketable without the design's utilitarian function. These were not within the statute and Thomas dismissed them, saying that all that mattered was consumer perception – not the design's intent. About Congress's reluctance to apply copyright to useful articles in general, Thomas said that congressional inaction was not usually
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#17328558994654554-489: A first drop in filings since 2014. The Hague System for the International Registration of Industrial Designs provides an international mechanism that secures protection of up to 100 designs in multiple countries or regions, through a single international application. International design applications are filed directly through WIPO . The domestic legal framework of each designated contracting party governs
4761-549: A floor vote in the Senate. A president may withdraw a nomination before an actual confirmation vote occurs, typically because it is clear that the Senate will reject the nominee; this occurred with President George W. Bush's nomination of Harriet Miers in 2005. The Senate may also fail to act on a nomination, which expires at the end of the session. President Dwight Eisenhower 's first nomination of John Marshall Harlan II in November 1954
4968-572: A general outline of the judiciary in Article Three of the United States Constitution , vesting federal judicial power in "one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." They delineated neither the exact powers and prerogatives of the Supreme Court nor the organization of the judicial branch as a whole. The 1st United States Congress provided
5175-549: A home of its own and had little prestige, a situation not helped by the era's highest-profile case, Chisholm v. Georgia (1793), which was reversed within two years by the adoption of the Eleventh Amendment . The court's power and prestige grew substantially during the Marshall Court (1801–1835). Under Marshall, the court established the power of judicial review over acts of Congress, including specifying itself as
5382-456: A justice, but made appointments during their subsequent terms in office. No president who has served more than one full term has gone without at least one opportunity to make an appointment. One of the smallest supreme courts in the world, the U.S. Supreme Court consists of nine members: one chief justice and eight associate justices. The U.S. Constitution does not specify the size of the Supreme Court, nor does it specify any specific positions for
5589-484: A lamp base could be copyrightable separately from the lamp under expansions of the Copyright Act of 1909 ; the statue's mass production with the lamp did not invalidate that. Another barrier to copyrightability in the United States is a vague threshold of originality which must be met to be eligible for an intellectual-property monopoly like a copyright or patent . In 1964's Sears, Roebuck & Co. v. Stiffel Co. ,
5796-444: A mural on a curved dome, saying that the contour of the dome would not make the mural uncopyrightable. He thought that Breyer's traditional view that a preexisting two-dimensional artwork applied to a portion of the clothing could be copyrighted was contradictory; the statute would provide copyright restriction to designs which covered part of the clothing surface, but not to designs that covered all of it. Ginsburg's concurrence agreed on
6003-573: A new five-step test for the Circuit Court analysis. The court found that the designs were copyrightable because the clothes were usable as athletic wear and removing the designs did not affect their utility. Moore said that the design could be separately identifiable because it could be held "side by side" with a blank dress and there would be no utilitarian difference; it could exist independently, because individual aspects (such as chevrons) could appear in designs of other clothing items. She also said that
6210-450: A president may make temporary appointments to fill vacancies. Recess appointees hold office only until the end of the next Senate session (less than two years). The Senate must confirm the nominee for them to continue serving; of the two chief justices and eleven associate justices who have received recess appointments, only Chief Justice John Rutledge was not subsequently confirmed. No U.S. president since Dwight D. Eisenhower has made
6417-402: A procedure for an international registration exists. An applicant can file for a single international deposit with WIPO or with the national office in a country party to the treaty. The design will then be protected in as many member countries of the treaty as desired. In 2022, about 1.1 million industrial design applications were filed worldwide. This represents a decrease of 3% on 2021, marking
Star Athletica, LLC v. Varsity Brands, Inc. - Misplaced Pages Continue
6624-532: A properly-fitted uniform; people often made utilitarian decisions about their clothing to make themselves look better. Those designs on another object, such as a lunchbox, would not serve that utilitarian purpose. Justice Ruth Bader Ginsburg rejected that line of argument, citing the fact that the examples presented in evidence were two-dimensional works. In her view, it did not matter that the submitted designs were "superimposed" on three-dimensional uniforms; they were submitted in two-dimensional images separated from
6831-402: A recess appointment to the court, and the practice has become rare and controversial even in lower federal courts. In 1960, after Eisenhower had made three such appointments, the Senate passed a "sense of the Senate" resolution that recess appointments to the court should only be made in "unusual circumstances"; such resolutions are not legally binding but are an expression of Congress's views in
7038-420: A remnant of British tradition, and instead issuing a single majority opinion. Also during Marshall's tenure, although beyond the court's control, the impeachment and acquittal of Justice Samuel Chase from 1804 to 1805 helped cement the principle of judicial independence . The Taney Court (1836–1864) made several important rulings, such as Sheldon v. Sill , which held that while Congress may not limit
7245-418: A ruling in favor of Star Athletica would have rendered all paintings uncopyrightable because they decorated the rooms in which they hung. Judge David McKeague dissented, disagreeing about the application of one of the test's steps. The third step asked the court to determine the useful article's "utilitarian aspects." Instead of the majority's more-general assessment of athletic wear, McKeague would have defined
7452-419: A significant judicial argument. He found much of the discussion moot; copyright could not restrict the cut of the design, and copyright coverage did not prevent design patenting. Thomas rejected the arguments of Justice Breyer's dissent and Star Athletica's similar contention that the designs were uncopyrightable because they would have the same outline as the useful article. He analogized the uniform's design to
7659-626: A significant number of household items, such as chairs, stools, lamps, a tea-cart, and vases. Raymond Loewy was a prolific American designer who is responsible for the Royal Dutch Shell corporate logo, the original BP logo (in use until 2000), the PRR S1 steam locomotive, the Studebaker Starlight (including the later bulletnose), as well as Schick electric razors, Electrolux refrigerators, short-wave radios, Le Creuset French ovens, and
7866-419: A uniform design could become part of a school's identity, compelling it to buy exclusively from Varsity for a century of copyright restriction. Breyer was concerned that designers or lawyers might sue over the design of any dress or suit based on generic drawings. Sotomayor, who once represented Fendi in cases brought against knock-offs, wondered if a decision for Varsity would destroy those knock-off brands, and
8073-449: A useful article." Breyer studied the state of the fashion industry at the time of the decision. Recent Congresses had rejected 70 bills to extend copyright to cover designs on useful articles, which he interpreted as an unwillingness of lawmakers to enact the change. He cited the metrics provided by the Varsity amici Council of Fashion Designers of America to show that the fashion industry
8280-543: A vacancy occurs, the president , with the advice and consent of the Senate , appoints a new justice. Each justice has a single vote in deciding the cases argued before the court. When in the majority, the chief justice decides who writes the opinion of the court ; otherwise, the most senior justice in the majority assigns the task of writing the opinion. On average, the Supreme Court receives about 7,000 petitions for writs of certiorari each year, but only grants about 80. It
8487-459: A violation of equal protection ( United States v. Virginia ), laws against sodomy as violations of substantive due process ( Lawrence v. Texas ) and the line-item veto ( Clinton v. New York ) but upheld school vouchers ( Zelman v. Simmons-Harris ) and reaffirmed Roe ' s restrictions on abortion laws ( Planned Parenthood v. Casey ). The court's decision in Bush v. Gore , which ended
Star Athletica, LLC v. Varsity Brands, Inc. - Misplaced Pages Continue
8694-455: A whole because the extra time prevented ill-advised patents which would disrupt innovation. Extending trademark to fashion had its critics, who argued that the court was out of line when it applied the trade-dress doctrine to fashion after Congress declined to extend trade dress to it in the past. Apart from intellectual property, there were also remedies under laws banning the sale of counterfeits and post-sale protection confusion. Varsity Brands
8901-494: A wide range of products, and whose creation took place in advance of their application. The use of drawing to specify how something was to be constructed later was first developed by architects and shipwrights during the Italian Renaissance . In the 17th century, the growth of artistic patronage in centralized monarchical states such as France led to large government-operated manufacturing operations epitomized by
9108-579: A year in their assigned judicial district. Immediately after signing the act into law, President George Washington nominated the following people to serve on the court: John Jay for chief justice and John Rutledge , William Cushing , Robert H. Harrison , James Wilson , and John Blair Jr. as associate justices. All six were confirmed by the Senate on September 26, 1789; however, Harrison declined to serve, and Washington later nominated James Iredell in his place. The Supreme Court held its inaugural session from February 2 through February 10, 1790, at
9315-477: Is a strategic problem-solving process that drives innovation, builds business success and leads to a better quality of life through innovative products, systems, services and experiences." An extended version of this definition is as follows: "Industrial Design is a strategic problem-solving process that drives innovation, builds business success and leads to a better quality of life through innovative products, systems, services and experiences. Industrial Design bridges
9522-587: Is accepted practice in the legislative and executive branches, organizations such as the Federalist Society do officially filter and endorse judges that have a sufficiently conservative view of the law. Jurists are often informally categorized in the media as being conservatives or liberal. Attempts to quantify the ideologies of jurists include the Segal–Cover score , Martin-Quinn score , and Judicial Common Space score. Devins and Baum argue that before 2010,
9729-583: Is effectively defined by credentials and/or licensure required to engage in the practice of engineering. "Industrial design" as such does not overlap much with the engineering sub-discipline of industrial engineering , except for the latter's sub-specialty of ergonomics . At the 29th General Assembly in Gwangju, South Korea, 2015, the Professional Practise Committee unveiled a renewed definition of industrial design as follows: "Industrial Design
9936-508: Is extremely low; even a slight amount will suffice." Justices Breyer dissented, and Justice Kennedy joined him. While Breyer agreed with much of the majority's reasoning, he disagreed with the framing and application of the majority's test and concluded that the design was not separable from the uniform as a useful article. Breyer also criticized what he considered vagueness in the majority's test. He thought that under it, "virtually any industrial design" could be considered separable as soon as it
10143-601: Is not merely to portray the appearance of the article or to convey information." Congress intended to better incorporate the Mazer v. Stein ruling by doing so, clarifying the difference between the copyrightability of " applied art " and the traditional, lesser restriction of " industrial design " (the combination of features provided by design patents or trade dress ). According to the Act, "pictorial, graphic, or sculptural features" of useful articles were copyrightable only if "separable" from
10350-541: Is often difficult to describe to non-designers because the meaning accepted by the design community is not made of words. Instead, the definition is created as a result of acquiring a critical framework for the analysis and creation of artifacts. One of the many accepted (but intentionally unspecific) definitions of design originates from Carnegie Mellon's School of Design : "Everyone designs who devises courses of action aimed at changing existing situations into preferred ones." This applies to new artifacts, whose existing state
10557-450: Is one of the smallest supreme courts in the world. David Litt argues the court is too small to represent the perspectives of a country the United States' size. Lawyer and legal scholar Jonathan Turley has advocated for 19 justices, but with the court being gradually expanded by no more than two new members per subsequent president, bringing the U.S. Supreme Court to a similar size as its counterparts in other developed countries. He says that
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#173285589946510764-457: Is undefined, and previously created artifacts, whose state stands to be improved. Industrial design can overlap significantly with engineering design , and in different countries the boundaries of the two concepts can vary, but in general engineering focuses principally on functionality or utility of products, whereas industrial design focuses principally on aesthetic and user-interface aspects of products. In many jurisdictions this distinction
10971-520: The Compendium reduced its 2014 discussion of the copyrightability of designs of useful articles to one section in the 2017 guide which quoted Star Athletica ' s two-step separability test. A note indicated that the office was "developing updated guidance" on the matter for a future version of the report. The office released a draft of the new edition of the Compendium on March 15, 2019, including new material which addressed Star Athletica . The case
11178-603: The Eames Lounge Chair Wood and Eames Lounge Chair . Other influential designers included Henry Dreyfuss , Eliot Noyes , John Vassos , and Russel Wright . Dieter Rams is a German industrial designer closely associated with the consumer products company Braun and the Functionalist school of industrial design. German industrial designer Luigi Colani , who designed cars for automobile manufacturers including Fiat , Alfa Romeo , Lancia , Volkswagen , and BMW ,
11385-613: The Equal Protection Clause of the Fourteenth Amendment ( Brown v. Board of Education , Bolling v. Sharpe , and Green v. County School Bd. ) and that legislative districts must be roughly equal in population ( Reynolds v. Sims ). It recognized a general right to privacy ( Griswold v. Connecticut ), limited the role of religion in public school, most prominently Engel v. Vitale and Abington School District v. Schempp , incorporated most guarantees of
11592-559: The Gobelins Manufactory , opened in Paris in 1667 by Louis XIV . Here teams of hundreds of craftsmen, including specialist artists, decorators and engravers, produced sumptuously decorated products ranging from tapestries and furniture to metalwork and coaches , all under the creative supervision of the King's leading artist Charles Le Brun . This pattern of large-scale royal patronage
11799-664: The Royal Exchange in New York City, then the U.S. capital. A second session was held there in August 1790. The earliest sessions of the court were devoted to organizational proceedings, as the first cases did not reach it until 1791. When the nation's capital was moved to Philadelphia in 1790, the Supreme Court did so as well. After initially meeting at Independence Hall , the court established its chambers at City Hall. Under chief justices Jay, Rutledge, and Ellsworth (1789–1801),
12006-411: The assassination of Abraham Lincoln , was denied the opportunity to appoint a justice by a reduction in the size of the court . Jimmy Carter is the only person elected president to have left office after at least one full term without having the opportunity to appoint a justice. Presidents James Monroe , Franklin D. Roosevelt, and George W. Bush each served a full term without an opportunity to appoint
12213-421: The growth of empires broadened tastes and diversified markets, and the emergence of a wider middle class created demand for fashionable styles from a much larger and more heterogeneous population. The first use of the term "industrial design" is often attributed to the industrial designer Joseph Claude Sinel in 1919 (although he himself denied this in interviews), but the discipline predates 1919 by at least
12420-505: The 1976 law, they argued that extending copyright to uniform designs would unduly stretch Congress's intent to copyright minor detailing on industrial designs, such as like floral engravings on silverware, carvings on the backs of chairs, or printing on T-shirts. Varsity was endorsed by the Council of Fashion Designers of America , which believed that extending copyright to clothing designs was critical to prevent exploitative copyists and preserve
12627-529: The Bill of Rights against the states, prominently Mapp v. Ohio (the exclusionary rule ) and Gideon v. Wainwright ( right to appointed counsel ), and required that criminal suspects be apprised of all these rights by police ( Miranda v. Arizona ). At the same time, the court limited defamation suits by public figures ( New York Times Co. v. Sullivan ) and supplied the government with an unbroken run of antitrust victories. The Burger Court (1969–1986) saw
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#173285589946512834-725: The Bill of Rights, such as in Citizens United v. Federal Election Commission ( First Amendment ), Heller – McDonald – Bruen ( Second Amendment ), and Baze v. Rees ( Eighth Amendment ). Article II, Section 2, Clause 2 of the United States Constitution , known as the Appointments Clause , empowers the president to nominate and, with the confirmation ( advice and consent ) of the United States Senate, to appoint public officials , including justices of
13041-442: The Constitution , giving a broader reading to the powers of the federal government to facilitate President Franklin D. Roosevelt 's New Deal (most prominently West Coast Hotel Co. v. Parrish , Wickard v. Filburn , United States v. Darby , and United States v. Butler ). During World War II , the court continued to favor government power, upholding the internment of Japanese Americans ( Korematsu v. United States ) and
13248-410: The Constitution provides that justices "shall hold their offices during good behavior", which is understood to mean that they may serve for the remainder of their lives, until death; furthermore, the phrase is generally interpreted to mean that the only way justices can be removed from office is by Congress via the impeachment process . The Framers of the Constitution chose good behavior tenure to limit
13455-472: The Copyright Office, pointing to their claimed types of work: "2-dimensional artwork" or "fabric design (artwork)." In her notes, Ginsburg said that she did not take a stand about whether or not Varsity's designs were original enough for copyright; she referred to Feist Publications, Inc., v. Rural Telephone Service Co. , quoting its conclusion that "the requisite level of creativity [for copyrightability]
13662-456: The Court never had clear ideological blocs that fell perfectly along party lines. In choosing their appointments, Presidents often focused more on friendship and political connections than on ideology. Republican presidents sometimes appointed liberals and Democratic presidents sometimes appointed conservatives. As a result, "... between 1790 and early 2010 there were only two decisions that the Guide to
13869-574: The Fine Arts or to Industrial Design, until they have completed their exercises in drawing and painting of the figure from the antique and from the living model. It is for this reason, and from the fact that artists for industrial purposes are both well-paid and highly considered (as being well-instructed men), that so many individuals in France engage themselves in both pursuits. The Practical Draughtsman's Book of Industrial Design by Jacques-Eugène Armengaud
14076-484: The International Costuming Guild) which were concerned that a ruling in Varsity's favor could endanger their craft. Much of cosplaying involved recreating designs recognizable from pop culture . When the legality of creating costumes based on pop culture had been questioned, the Copyright Office decided that costumes were uncopyrightable, useful articles for the practical purpose of covering the body; there
14283-690: The National Association of Schools of Art and Design (NASAD). Of course, engineering education requires heavy training in mathematics and physical sciences, which is not typically required in industrial design education. Most industrial designers complete a design or related program at a vocational school or university. Relevant programs include graphic design , interior design, industrial design, architectural technology, and drafting . Diplomas and degrees in industrial design are offered at vocational schools and universities worldwide. Diplomas and degrees take two to four years of study. The study results in
14490-523: The Paris school; and having been disorganized by the revolution, was restored by Napoleon and differently constituted, being then erected into an Academy of Fine Art: to which the study of design for silk manufacture was merely attached as a subordinate branch. It appears that all the students who entered the school commence as if they were intended for artists in the higher sense of the word and are not expected to decide as to whether they will devote themselves to
14697-533: The Reagan administration to the present, the process has taken much longer and some believe this is because Congress sees justices as playing a more political role than in the past. According to the Congressional Research Service , the average number of days from nomination to final Senate vote since 1975 is 67 days (2.2 months), while the median is 71 days (2.3 months). When the Senate is in recess ,
14904-698: The Recess Appointments Clause, the Senate is in session when it says it is, provided that, under its own rules, it retains the capacity to transact Senate business." This ruling allows the Senate to prevent recess appointments through the use of pro-forma sessions . Lifetime tenure of justices can only be found for US federal judges and the State of Rhode Island's Supreme Court justices, with all other democratic nations and all other US states having set term limits or mandatory retirement ages. Larry Sabato wrote: "The insularity of lifetime tenure, combined with
15111-410: The Senate may not set any qualifications or otherwise limit who the president can choose. In modern times, the confirmation process has attracted considerable attention from the press and advocacy groups, which lobby senators to confirm or to reject a nominee depending on whether their track record aligns with the group's views. The Senate Judiciary Committee conducts hearings and votes on whether
15318-870: The Senate, and remained in office until his death in 1811. Two justices, William O. Douglas and Abe Fortas were subjected to hearings from the Judiciary Committee, with Douglas being the subject of hearings twice, in 1953 and again in 1970 and Fortas resigned while hearings were being organized in 1969. On July 10, 2024, Representative Alexandria Ocasia-Cortez filed Articles of Impeachment against justices Clarence Thomas and Samuel Alito , citing their "widely documented financial and personal entanglements." Because justices have indefinite tenure, timing of vacancies can be unpredictable. Sometimes they arise in quick succession, as in September 1971, when Hugo Black and John Marshall Harlan II left within days of each other,
15525-597: The Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789 . As it has since 1869, the court consists of nine justices – the chief justice of the United States and eight associate justices – who meet at the Supreme Court Building in Washington, D.C. Justices have lifetime tenure , meaning they remain on the court until they die, retire, resign, or are impeached and removed from office. When
15732-425: The Supreme Court. This clause is one example of the system of checks and balances inherent in the Constitution. The president has the plenary power to nominate, while the Senate possesses the plenary power to reject or confirm the nominee. The Constitution sets no qualifications for service as a justice, such as age, citizenship, residence or prior judicial experience, thus a president may nominate anyone to serve, and
15939-617: The U.S. Supreme Court designated as important and that had at least two dissenting votes in which the Justices divided along party lines, about one-half of one percent." Even in the turbulent 1960s and 1970s, Democratic and Republican elites tended to agree on some major issues, especially concerning civil rights and civil liberties—and so did the justices. But since 1991, they argue, ideology has been much more important in choosing justices—all Republican appointees have been committed conservatives and all Democratic appointees have been liberals. As
16146-639: The USA's first industrial design degree programs in 1934 at Carnegie Institute of Technology . Product design and industrial design overlap in the fields of user interface design , information design , and interaction design . Various schools of industrial design specialize in one of these aspects, ranging from pure art colleges and design schools (product styling), to mixed programs of engineering and design, to related disciplines such as exhibit design and interior design , to schools that almost completely subordinated aesthetic design to concerns of usage and ergonomics,
16353-442: The United States ( SCOTUS ) is the highest court in the federal judiciary of the United States . It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law . It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which
16560-579: The United States' rapid rate of expansion in the worldwide fashion industry: $ 370 billion in domestic consumer spending and 1.8 million jobs. The Fashion Law Institute shared these interests, saying that a decision to copyright clothing designs would be a proper reading of the Mazer v. Stein ruling's incorporation into the 1976 Copyright Act. Both criticized the " fast fashion " industry of duplicating expensive designs with increasingly-cheap 3D printing technology without payment to their original creators. The Institute cited "geek fashion," including cosplay, as
16767-482: The age of 70 years 6 months and refused retirement, up to a maximum bench of 15 justices. The proposal was ostensibly to ease the burden of the docket on elderly judges, but the actual purpose was widely understood as an effort to "pack" the court with justices who would support Roosevelt's New Deal. The plan, usually called the " court-packing plan ", failed in Congress after members of Roosevelt's own Democratic Party believed it to be unconstitutional. It
16974-451: The appointments of relatively young attorneys who give long service on the bench, produces senior judges representing the views of past generations better than views of the current day." Sanford Levinson has been critical of justices who stayed in office despite medical deterioration based on longevity. James MacGregor Burns stated lifelong tenure has "produced a critical time lag, with the Supreme Court institutionally almost always behind
17181-747: The arrangement and placement of those elements") suited both designs and the case moved forward. Varsity also sued for trademark infringement under the Lanham Act and Star Athletica counter-sued Varsity under the Sherman Antitrust Act for allegedly monopolizing the cheerleading industry, but those claims were dismissed. In 2014, the United States District Court for the Western District of Tennessee ruled in Star Athletica's favor on
17388-490: 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 , but at a lower price. Varsity sued Star Athletica for copyright infringement , and Star Athletica said that
17595-536: The behest of Chief Justice Chase , and in an attempt by the Republican Congress to limit the power of Democrat Andrew Johnson , Congress passed the Judicial Circuits Act of 1866, providing that the next three justices to retire would not be replaced, which would thin the bench to seven justices by attrition. Consequently, one seat was removed in 1866 and a second in 1867. Soon after Johnson left office,
17802-516: The case with prejudice . Intellectual property attorneys were split about the opinion; some thought that it clarified the law, and others thought that it made the law more ambiguous. Clarity notwithstanding, many have noted that Star Athletica was an important case for the fashion industry because it overturned the prevailing wisdom that fashion designs were generally uncopyrightable. The effects of this shift in thought remain to be seen, however, as more designers apply for copyrights and awareness of
18009-403: The case met copyright's threshold of originality . Thomas rejected arguments from Varsity and the United States that separability analysis was unneeded, and did away with all previous lower-court tests. The opinion provided a two-part test, based on the 1976 statute and the Mazer v. Stein decision: ... an artistic feature of the design of a useful article is eligible for copyright protection if
18216-525: The case of Edwin M. Stanton . Although confirmed by the Senate on December 20, 1869, and duly commissioned as an associate justice by President Ulysses S. Grant , Stanton died on December 24, prior to taking the prescribed oaths. He is not, therefore, considered to have been a member of the court. Before 1981, the approval process of justices was usually rapid. From the Truman through Nixon administrations, justices were typically approved within one month. From
18423-458: The case remained unaddressed and Varsity's copyright registrations stood. The court's conclusion that aesthetic elements of useful articles (and, thereby, clothing-design elements) could be copyrighted intrigued fashion designers and intellectual property scholars. Some were pleased with the decision because they saw extending copyright to clothes as parity with other creative industries which had had copyrights for much longer. Others denounced
18630-434: The cat was the pole, it could not be physically separated; it could be conceptually separated from the context of the lamp without conjuring the idea of a lamp, however, and was copyrightable as a figurine. Applying his version of the test to the cheerleader uniforms, he found that the design was not physically separable. Picturing the design separately would reveal a cheerleader uniform "coextensive with that design and cut", so
18837-409: The change grows. Negative effects on fashion trends (which involve some degree of copying basic styles among designers throughout the industry) and an anticipated increase in infringement lawsuits have been speculated. Generic or "knock-off" clothing could cease to exist due to the restriction of the designer brands' designs, although designer brands were also accused of copying independent artists before
19044-486: The clothing designs were uncopyrightable because their aesthetic designs were tied closely to (and guided by) their utilitarian purpose as uniforms. The court rejected this argument with a close reading of the statute and established that the clothing designs, as aesthetic elements of a useful article of clothing, could be copyrightable. It declined to hear Star Athletica's follow-up question about whether Varsity's designs were original enough to be copyrightable, so that part of
19251-568: The clothing. Because the Copyright Act of 1976 provided copyright claimants "the right to reproduce the work in or on any kind of article, whether useful or otherwise," the claimant of a pictorial, graphic, or sculptural work's copyright could restrict others from reproducing the work's elements on their useful articles. According to Ginsburg, there was no need for the court to address the separability-analysis issue. She attached to her decision several pages of applications submitted by Varsity Brands to
19458-446: The committee reports out the nomination, the full Senate considers it. Rejections are relatively uncommon; the Senate has explicitly rejected twelve Supreme Court nominees, most recently Robert Bork , nominated by President Ronald Reagan in 1987. Although Senate rules do not necessarily allow a negative or tied vote in committee to block a nomination, prior to 2017 a nomination could be blocked by filibuster once debate had begun in
19665-414: The company would be able to restrict the painting's printing on dresses. Star Athletica had conceded this because it was an abstract painting (not a dress design), but the government said that the painting would cover the entire dress surface and was no different than the Varsity designs. It also said that, in applying the requested conceptual-separability analysis, what mattered was that a uniform stripped of
19872-458: The complete interior of the Eagle Premier . Milwaukee's Brooks Stevens was best known for his Milwaukee Road Skytop Lounge car and Oscar Mayer Wienermobile designs, among others. Viktor Schreckengost designed bicycles manufactured by Murray bicycles for Murray and Sears, Roebuck and Company. With engineer Ray Spiller, he designed the first truck with a cab-over-engine configuration,
20079-503: The court (by order of seniority following the Chief Justice) include: For much of the court's history, every justice was a man of Northwestern European descent, and almost always Protestant . Diversity concerns focused on geography, to represent all regions of the country, rather than religious, ethnic, or gender diversity. Racial, ethnic, and gender diversity in the court increased in the late 20th century. Thurgood Marshall became
20286-495: The court examples of the graphic designs' utility. The designs' colors and shapes were arranged to create optical effects such as the Müller-Lyer illusion , changing a cheerleader's appearance to make them look taller, thinner, and generally more appealing. The company considered this distinct from applying a pre-existing two-dimensional image to the uniform because the lines required for the illusions needed to be properly located on
20493-406: The court heard few cases; its first decision was West v. Barnes (1791), a case involving procedure. As the court initially had only six members, every decision that it made by a majority was also made by two-thirds (voting four to two). However, Congress has always allowed less than the court's full membership to make decisions, starting with a quorum of four justices in 1789. The court lacked
20700-425: The court is composed of six justices appointed by Republican presidents and three appointed by Democratic presidents. It is popularly accepted that Chief Justice Roberts and associate justices Thomas , Alito , Gorsuch , Kavanaugh , and Barrett, appointed by Republican presidents, compose the court's conservative wing, and that Justices Sotomayor , Kagan , and Jackson , appointed by Democratic presidents, compose
20907-562: The court the most conservative since the 1930s as well as calls for an expansion in the court's size to fix what some saw as an imbalance, with Republicans having appointed 14 of the 18 justices immediately preceding Amy Coney Barrett . In April 2021, during the 117th Congress , some Democrats in the House of Representatives introduced the Judiciary Act of 2021, a bill to expand the Supreme Court from nine to 13 seats. It met divided views within
21114-462: The court to decide if Varsity's designs were sufficiently original to be copyrighted, but the court declined. The case attracted the attention of interest groups which filed fifteen amicus curiae briefs. Among Star Athletica's advocates was Public Knowledge , which helped draft a brief representing the views of costuming groups (particularly cosplayers of the Royal Manticoran Navy and
21321-481: The court upheld a lower-court ruling that Stiffel's popular lamp design was not original enough to warrant a patent, rescinding that restriction and passing the design into the public domain . The court's opinion indicated that the same logic would apply to an inappropriate copyright. In the Copyright Act of 1976 , Congress changed the copyright law to allow copyrighting aesthetic features of "useful articles" or "an article having an intrinsic utilitarian function that
21528-408: The court's liberal wing. Prior to Justice Ginsburg's death in 2020, the conservative Chief Justice Roberts was sometimes described as the court's 'median justice' (with four justices more liberal and four more conservative than he is). Darragh Roche argues that Kavanaugh as 2021's median justice exemplifies the rightward shift in the court. Industrial design All manufactured products are
21735-577: The court's members. The Constitution assumes the existence of the office of the chief justice, because it mentions in Article I, Section 3, Clause 6 that "the Chief Justice" must preside over impeachment trials of the President of the United States . The power to define the Supreme Court's size and membership has been assumed to belong to Congress, which initially established a six-member Supreme Court composed of
21942-400: The court's opinion because of ambiguities in how to enforce the new rules and because of its potential to end fashion trends in generic clothing. Clothing designs were originally not subject to copyright law ("uncopyrightable") in the United States. In 1941, the court heard Fashion Originators' Guild of America v. FTC . This case considered the fashion industry's practice of boycotting
22149-541: The creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. Under the Hague Agreement Concerning the International Deposit of Industrial Designs , a WIPO -administered treaty,
22356-441: The death penalty itself was not unconstitutional ( Gregg v. Georgia ). The Rehnquist Court (1986–2005) was known for its revival of judicial enforcement of federalism , emphasizing the limits of the Constitution's affirmative grants of power ( United States v. Lopez ) and the force of its restrictions on those powers ( Seminole Tribe v. Florida , City of Boerne v. Flores ). It struck down single-sex state schools as
22563-403: The decision. In its broad interpretation of the statute, the ruling did not make conclusive determinations about competition and copyright. Columbia Law School professor Ronald Mann analyzed the decision for SCOTUSblog , saying that the court's opinion did not address the minimal threshold of creativity required for copyright restriction under Feist v. Rural . Mann called Thomas's dismissal of
22770-406: The design "remain[ed] similarly useful" compared to the original; a blank dress was equivalent to a designed one, so the design was copyrightable. Oral arguments began on October 31, 2016, with Star Athletica represented by John J. Bursch and Varsity by William M. Jay. Eric Feigin also spoke on Varsity's behalf, representing the United States as an amicus curiae . Star Athletica's lawyers gave
22977-524: The design and useful article were not conceptually separable either. Breyer then considered shoes painted by Vincent van Gogh and turned to the examples of Congress's intended targets of copyright in the amicus curiae brief filed by the Intellectual Property Professors. He found that copyrighting those embellishments was not the same as copyrighting an entire cheerleading uniform design; those examples were conceptually separable, while
23184-451: The design element was conceptually removed or that the removed element be "solely artistic." Thomas said that discussions of the blank dress were unnecessary because the statute did not require the remaining work to be useful (or "similarly useful", as the government had put it), because all that mattered was if the separated element was a pictorial, graphic, or sculptural work. He said that adopting this requirement would have overruled Mazer ;
23391-411: The design features needed to be conceivably separable without conjuring a picture of the utilitarian object in a person's mind. He returned to Mazer v. Stein and applied his reasoning to two lamps, one with a Siamese cat statuette for a pole and one with a brass-rod pole and a cat statuette attached to its base. On the base, the cat could be physically separable and was copyrightable as a figurine. When
23598-449: The design protection provided by the resulting international registrations. The Hague System does not require the applicant to file a national or regional design application. in 2019 in 2020 in 2021 in 2022 in 2023 A number of industrial designers have made such a significant impact on culture and daily life that their work is documented by historians of social science. Alvar Aalto , renowned as an architect , also designed
23805-470: The design was not sufficiently original to be copyrightable because its "common and familiar uncopyrightable shapes" conformed to the human hand "in the most predictable manner." In 2019, the office's decision to register the Adidas Yeezy Boost 350 shoe design was considered a significant expansion of the copyrightability of useful articles in the wake of Star Athletica . The Copyright Office rejected
24012-416: The designer's part may harm the perception of a designer's value to their clients. Benson said that the test had allowed designers to leverage their creativity for respect and credibility during the corporate design process, and its removal may have removed some of their negotiating power. David Kluft of Foley Hoag said that the new ability to copyright design elements is accompanied by criminal penalties if
24219-464: The designs did more than sit on the body; they sent a "particular message" (that the wearer was "a member of a cheerleading squad"), and Roberts leaned toward thinking of them as copyrightable. The court also considered more abstract aspects of the case. For example, it was unclear how a decision in Varsity's favor might affect military-style camouflage patterns, and whether they could be restricted if fashion designs were copyrightable. Varsity supported
24426-467: The designs twice, followed by requests for reconsideration by Adidas . The 2017 refusal, immediately after Star Athletica , was because the shoes were a useful article (a common response from the office then). The 2018 refusal was because the Copyright Office determined that the shoes' design did not meet the originality requirement. On its third consideration, the office determined that the two- and three-dimensional designs could be perceived separately from
24633-438: The detailed organization of a federal judiciary through the Judiciary Act of 1789 . The Supreme Court, the country's highest judicial tribunal, was to sit in the nation's capital and would initially be composed of a chief justice and five associate justices. The act also divided the country into judicial districts, which were in turn organized into circuits. Justices were required to "ride circuit" and hold circuit court twice
24840-794: The electoral recount during the 2000 United States presidential election , remains especially controversial with debate ongoing over the rightful winner and whether or not the ruling should set a precedent. The Roberts Court (2005–present) is regarded as more conservative and controversial than the Rehnquist Court. Some of its major rulings have concerned federal preemption ( Wyeth v. Levine ), civil procedure ( Twombly – Iqbal ), voting rights and federal preclearance ( Shelby County ), abortion ( Gonzales v. Carhart and Dobbs v. Jackson Women's Health Organization ), climate change ( Massachusetts v. EPA ), same-sex marriage ( United States v. Windsor and Obergefell v. Hodges ), and
25047-418: The elements have utility. If the entity applying for copyright of a design knew about that utility, it would be considered false representation of a material fact in its copyright registration. Uncertainty exists about how this decision may impact the copyrightability of food. Top chefs had been seeking copyrightability for years before Star Athletica , and some prohibiting customers from taking photographs of
25254-529: The emergence of large workshops in cities such as Florence , Venice , Nuremberg , and Bruges , where groups of more specialized craftsmen made objects with common forms through the repetitive duplication of models which defined by their shared training and technique. Competitive pressures in the early 16th century led to the emergence in Italy and Germany of pattern books : collections of engravings illustrating decorative forms and motifs which could be applied to
25461-436: The emotional attachment of the user. These values and accompanying aspects that form the basis of industrial design can vary—between different schools of thought, and among practicing designers. Industrial design rights are intellectual property rights that make exclusive the visual design of objects that are not purely utilitarian. A design patent would also be considered under this category. An industrial design consists of
25668-404: The feature (1) can be perceived as a two- or three-dimensional work of art separate from the useful article and (2) would qualify as a protectable pictorial, graphic, or sculptural work either on its own or in some other medium if imagined separately from the useful article. After applying this test to the cheerleading uniforms, the court ruled in Varsity's favor that the designs were separable from
25875-429: The features of either to file copyright claims. Which features of either were actually restricted was left up to debate, because the registration's description could diverge from a lawsuit. Fromer and McKenna said that it would be impossible to know what the copyright holder considered restricted before they described it in a lawsuit or before the second party began copying. In the absence of a description, they said that it
26082-470: The first African-American justice in 1967. Sandra Day O'Connor became the first female justice in 1981. In 1986, Antonin Scalia became the first Italian-American justice. Marshall was succeeded by African-American Clarence Thomas in 1991. O'Connor was joined by Ruth Bader Ginsburg, the first Jewish woman on the Court, in 1993. After O'Connor's retirement Ginsburg was joined in 2009 by Sonia Sotomayor ,
26289-1206: The first Hispanic and Latina justice, and in 2010 by Elena Kagan. After Ginsburg's death on September 18, 2020, Amy Coney Barrett was confirmed as the fifth woman in the court's history on October 26, 2020. Ketanji Brown Jackson is the sixth woman and first African-American woman on the court. There have been six foreign-born justices in the court's history: James Wilson (1789–1798), born in Caskardy , Scotland; James Iredell (1790–1799), born in Lewes , England; William Paterson (1793–1806), born in County Antrim , Ireland; David Brewer (1889–1910), born to American missionaries in Smyrna , Ottoman Empire (now İzmir , Turkey); George Sutherland (1922–1939), born in Buckinghamshire , England; and Felix Frankfurter (1939–1962), born in Vienna , Austria-Hungary (now in Austria). Since 1789, about one-third of
26496-552: The food because of a supposed copyright restriction. According to the pre- Star Athletica interpretation of separability, the copyrightability of food as a sculpture with artistic features did not contribute to its purpose as a consumable. James P. Flynn of Epstein Becker & Green wondered if Star Athletica might have changed the fate of served food. Supreme Court of the United States The Supreme Court of
26703-407: The full Senate. President Lyndon B. Johnson 's nomination of sitting associate justice Abe Fortas to succeed Earl Warren as Chief Justice in 1968 was the first successful filibuster of a Supreme Court nominee. It included both Republican and Democratic senators concerned with Fortas's ethics. President Donald Trump 's nomination of Neil Gorsuch to the seat left vacant by Antonin Scalia 's death
26910-559: The gap between what is and what's possible. It is a trans-disciplinary profession that harnesses creativity to resolve problems and co-create solutions with the intent of making a product, system, service, experience or a business, better. At its heart, Industrial Design provides a more optimistic way of looking at the future by reframing problems as opportunities. It links innovation, technology, research, business and customers to provide new value and competitive advantage across economic, social and environmental spheres. Industrial Designers place
27117-399: The grounds that the designs were not eligible for copyright restriction. According to Judge Robert Hardy Cleland , a design without distinctive marks (like chevrons and zigzags) would not be identifiable as cheerleading uniforms, so the designs were not separately identifiable. They were not conceptually separable because the marks, outside the context of the clothing, would have still evoked
27324-529: The hope of guiding executive action. The Supreme Court's 2014 decision in National Labor Relations Board v. Noel Canning limited the ability of the president to make recess appointments (including appointments to the Supreme Court); the court ruled that the Senate decides when the Senate is in session or in recess. Writing for the court, Justice Breyer stated, "We hold that, for purposes of
27531-484: The human in the centre of the process. They acquire a deep understanding of user needs through empathy and apply a pragmatic, user centric problem solving process to design products, systems, services and experiences. They are strategic stakeholders in the innovation process and are uniquely positioned to bridge varied professional disciplines and business interests. They value the economic, social and environmental impact of their work and their contribution towards co-creating
27738-558: The idea of a cheerleading uniform. The district court's decision was reversed on appeal by the United States Court of Appeals for the Sixth Circuit , Judge Karen Nelson Moore 's majority opinion said that the district court should have deferred to the fact that the Copyright Office's trained personnel had granted the copyright registrations. On the questions of the case, Moore evaluated the competing separability tests and created
27945-522: The idea of camouflage copyrights, although Justice Elena Kagan pointed out the clearly utilitarian function of camouflage patterns: concealment. On the industry side, women's fashion was a concern worth hundreds of billions of dollars worldwide. Justice Stephen Breyer speculated that the price of dresses could conceivably double if copyright terms were applied to designs, and knock-off brands could not compete at lower prices. Breyer and Justice Sonia Sotomayor questioned Varsity about possible monopolization;
28152-514: The images would then be applied to the clothing with sewing or sublimation, a process where designs are printed on paper, placed on the fabric, and heated so the ink sinks in. After rejections by the Copyright Office , Varsity described the uniforms in extremely specific detail to make the registration appear limited and improve its registration chances. The Copyright Office approved over 200 of these copyrights with meticulous descriptions like "has
28359-410: The independently existing work can have the shape and look of the article, evoke the same concepts, and even perform the same function and still be separable" (making it copyrightable). Silvertop Assocs., Inc. v. Kangaroo Mfg., Inc. , a 2018 district court case, ruled that a banana costume's physical features were separable from the costume and copyrightable because they could be painted on a canvas. It
28566-454: The industrial designers and/or other team members. Industrial designers often utilize 3D software, computer-aided industrial design and CAD programs to move from concept to production. They may also build a prototype or scaled down sketch models through a 3D printing process or using other materials such as paper, balsa wood, various foams, or clay for modeling. They may then use industrial CT scanning to test for interior defects and generate
28773-471: The justices have been U.S. military veterans. Samuel Alito is the only veteran currently serving on the court. Retired justices Stephen Breyer and Anthony Kennedy also served in the U.S. military. Justices are nominated by the president in power, and receive confirmation by the Senate, historically holding many of the views of the nominating president's political party. While justices do not represent or receive official endorsements from political parties, as
28980-802: The lawsuits as frivolous because the claimed designs were so simple. The Liebe Company founded Star Athletica as a subsidiary in January 2010. Varsity Brands had cancelled an agreement with The Liebe Company's sports-lettering subsidiary, and Varsity accused The Liebe company of founding Star Athletica to retaliate by leveraging former Varsity employees' knowledge of Varsity designs. Later that year, Varsity Brands sued Star Athletica for infringing five of its copyrighted designs for cheerleading uniforms. The Star Athletica designs were not exactly identical (physically or graphically), but Varsity's general description of allegedly-copied elements in court filings ("the lines, stripes, coloring, angles, V's [or chevrons], and shapes and
29187-412: The majority opinion, which was joined by Chief Justice John Roberts and Justices Alito , Sotomayor, and Kagan. The court defined its task as "whether the lines, chevrons, and colorful shapes appearing on the surface of [Varsity Brands'] cheerleading uniforms are eligible for copyright restriction as separable features of the design of those cheerleading uniforms", and did not consider whether the designs in
29394-466: The mandatory Pledge of Allegiance ( Minersville School District v. Gobitis ). Nevertheless, Gobitis was soon repudiated ( West Virginia State Board of Education v. Barnette ), and the Steel Seizure Case restricted the pro-government trend. The Warren Court (1953–1969) dramatically expanded the force of Constitutional civil liberties . It held that segregation in public schools violates
29601-484: The mechanical and other functional aspects of the product, assuring functionality and manufacturability, and with marketers to identify and fulfill customer needs and expectations. Industrial design (ID) is the professional service of creating and developing concepts and specifications that optimize the function, value and appearance of products and systems for the mutual benefit of both user and manufacturer. Industrial Designers Society of America , Design, itself,
29808-405: The more moderate Republican justices retired, the court has become more partisan. The Court became more divided sharply along partisan lines with justices appointed by Republican presidents taking increasingly conservative positions and those appointed by Democrats taking moderate liberal positions. Following the confirmation of Amy Coney Barrett in 2020 after the death of Ruth Bader Ginsburg ,
30015-428: The most recent justice to join the court is Ketanji Brown Jackson, whose tenure began on June 30, 2022, after being confirmed by the Senate on April 7. This graphical timeline depicts the length of each current Supreme Court justice's tenure (not seniority, as the chief justice has seniority over all associate justices regardless of tenure) on the court: The court currently has five male and four female justices. Among
30222-461: The nation's boundaries grew across the continent and as Supreme Court justices in those days had to ride the circuit , an arduous process requiring long travel on horseback or carriage over harsh terrain that resulted in months-long extended stays away from home, Congress added justices to correspond with the growth such that the number of seats for associate justices plus the chief justice became seven in 1807 , nine in 1837 , and ten in 1863 . At
30429-493: The new Civil War amendments to the Constitution and developed the doctrine of substantive due process ( Lochner v. New York ; Adair v. United States ). The size of the court was last changed in 1869, when it was set at nine. Under the White and Taft Courts (1910–1930), the court held that the Fourteenth Amendment had incorporated some guarantees of the Bill of Rights against
30636-412: The new president Ulysses S. Grant , a Republican, signed into law the Judiciary Act of 1869 . This returned the number of justices to nine (where it has since remained), and allowed Grant to immediately appoint two more judges. President Franklin D. Roosevelt attempted to expand the court in 1937. His proposal envisioned the appointment of one additional justice for each incumbent justice who reached
30843-447: The nine justices, there are two African American justices (Justices Thomas and Jackson ) and one Hispanic justice (Justice Sotomayor ). One of the justices was born to at least one immigrant parent: Justice Alito 's father was born in Italy. At least six justices are Roman Catholics , one is Jewish , and one is Protestant . It is unclear whether Neil Gorsuch considers himself
31050-408: The nomination should go to the full Senate with a positive, negative or neutral report. The committee's practice of personally interviewing nominees is relatively recent. The first nominee to appear before the committee was Harlan Fiske Stone in 1925, who sought to quell concerns about his links to Wall Street , and the modern practice of questioning began with John Marshall Harlan II in 1955. Once
31257-480: The opposing arguments "half-hearted" and predicted that scholarly debate of the separability test's shift in copyright law would continue. Professors Jeanne C. Fromer and Mark P. McKenna criticized the decision's ambiguity; the three major stages of litigation resulted in three different majority decisions on three different grounds, with more divergent opinions in the dissents and concurrence. The courts allowed Varsity to define extremely narrow copyright restrictions in
31464-464: The party, and Speaker of the House Nancy Pelosi did not bring it to the floor for a vote. Shortly after taking office in January 2021, President Joe Biden established a presidential commission to study possible reforms to the Supreme Court. The commission's December 2021 final report discussed but took no position on expanding the size of the court. At nine members, the U.S. Supreme Court
31671-403: The point of its creation, according to their own manual skill, the requirements of their clients, experience accumulated through their own experimentation, and knowledge passed on to them through training or apprenticeship . The division of labour that underlies the practice of industrial design did have precedents in the pre-industrial era. The growth of trade in the medieval period led to
31878-408: The possibility of lawsuits by copyright holders and official licensees less unlikely. Different parts of costumes may be subject to different levels of restriction, where fair use and utility are not clear; the shape of a superhero's mask could be considered more ornamental than useful. Cosplay props which are not clothing might be even more easily restricted because they are not a necessary element of
32085-399: The power to remove justices and to ensure judicial independence . No constitutional mechanism exists for removing a justice who is permanently incapacitated by illness or injury, but unable (or unwilling) to resign. The only justice ever to be impeached was Samuel Chase , in 1804. The House of Representatives adopted eight articles of impeachment against him; however, he was acquitted by
32292-406: The preexisting statute. On March 31, 2017, Puma sued Forever 21 for alleged violations of Puma's intellectual-property rights. Puma based the copyright-infringement portion of its case on the nine-day-old precedent, and said that Forever 21 shoes included copyrighted elements of similar Puma products. Forever 21, a supplier of knock-offs, had been sued for copyright infringement in the past; this
32499-563: The product remained in the hands of the individual craftsman, and tended to decline as the scale of production increased. The emergence of industrial design is specifically linked to the growth of industrialization and mechanization that began with the Industrial Revolution in Great Britain in the mid 18th century. The rise of industrial manufacture changed the way objects were made, urbanization changed patterns of consumption ,
32706-455: The recollection of our readers. His report on this subject was ordered to be printed some few months since, on the motion of Mr. Hume; and it is the sum and substance of this Report that we are now about to lay before our own especial portion of the reading public. The school of St. Peter, at Lyons, was founded about 1750, for the instruction of draftsmen employed in preparing patterns for the silk manufacture. It has been much more successful than
32913-402: The registration and then sue others (such as Star Athletica) with court filings that only described the designs generally, so Fromer and McKenna were concerned that this disconnect in requirements would lead to more controversial lawsuits (even outside the useful-article realm). A model car could be copyrighted as a sculpture, a drawing of that model could be copyrighted, and the claimant could use
33120-577: 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 , and prevailing social, commercial, or aesthetic attitudes. Industrial design, as an applied art , most often focuses on
33327-542: The sale of its "high fashion" works at places which would sell knock-offs made by other companies for lower prices, known as "style piracy". The court ruled against the Guild, saying that its practice of attempting to create a monopoly outside the copyright system suppressed competition and violated the Sherman Antitrust Act . Outside fashion, Mazer v. Stein established in 1954 that an artistic statue created to adorn
33534-446: The same body by a competitor. The car drawing would not suppress a rival car manufacturer in the automobile market, so Varsity's uniform drawing would not suppress Star Athletica in the uniform market because their uniforms could have the same cut. The final section of the opinion discussed objections to the decision raised by the parties in their briefs. There were no requirements that there be an equivalent useful article remaining after
33741-722: The sandal" was a copyrighted element on its Bow Slides. Forever 21 responded with a detailed motion to dismiss which said that the Fenti line resembled prior art . The companies settled in November 2018. The United States Copyright Office, arbiter of copyright registration, updated its Compendium of rules for validating registrations with preliminary rules taking the Star Athletica developments into account. The report, published on September 29, 2017, said that useful articles and (specifically) clothing articles were not copyrightable. About two-dimensional visual designs applied to useful articles,
33948-449: The second point in its notes; portions of Varsity's claimed uniform designs appear on other merchandise, such as T-shirts. Justice Ginsburg wrote an opinion, concurring that the cheerleading uniform designs were separable without joining in the majority's reasoning, and emphasized that the copyrights were not registered for the useful articles of clothing; the registrations were for pictorial and graphic works which were then reproduced on
34155-434: The separability requirement from the law, but none were signed into law. As alternatives, fashion designers turned to other forms of intellectual property: design patents and trade dress , an aspect of trademark . These generally provided designers causes of action to sue suspected infringers. However, they were critical of the hurdles necessary to acquire these. The process to acquire a design patent could last longer than
34362-438: The shapes and cuts of clothing are not copyrightable. Designs placed on clothing were opened up to the possibility of copyrightability, subject to those tests. The law was construed to mean that copyrighted two-dimensional designs could be placed on clothing and fabric-pattern sheets could be copyrighted before being cut to make clothing, but an article of clothing's overall color scheme and design could not be copyrighted because it
34569-409: The shoes and their design's individually-uncopyrightable elements combined to overcome the originality requirement. The Yeezy's color design overcoming the originality requirement may spur fashion companies to pursue copyright more aggressively for designs more complex than basic shape variations. The Yeezy designs had already been restricted by the design-patent system, so the Copyright Office's decision
34776-407: The shortest period of time between vacancies in the court's history. Sometimes a great length of time passes between vacancies, such as the 11-year span, from 1994 to 2005, from the retirement of Harry Blackmun to the death of William Rehnquist , which was the second longest timespan between vacancies in the court's history. On average a new justice joins the court about every two years. Despite
34983-486: The so-called functionalist school. Except for certain functional areas of overlap between industrial design and engineering design, the former is considered an applied art while the latter is an applied science. Educational programs in the U.S. for engineering require accreditation by the Accreditation Board for Engineering and Technology (ABET) in contrast to programs for industrial design which are accredited by
35190-554: The state of New York, two are from Washington, D.C., and one each is from New Jersey, Georgia, Colorado, and Louisiana. Eight of the current justices received their Juris Doctor from an Ivy League law school : Neil Gorsuch, Ketanji Brown Jackson, Elena Kagan and John Roberts from Harvard ; plus Samuel Alito, Brett Kavanaugh , Sonia Sotomayor and Clarence Thomas from Yale . Only Amy Coney Barrett did not; she received her Juris Doctor at Notre Dame . Previous positions or offices, judicial or federal government, prior to joining
35397-528: The states ( Gitlow v. New York ), grappled with the new antitrust statutes ( Standard Oil Co. of New Jersey v. United States ), upheld the constitutionality of military conscription ( Selective Draft Law Cases ), and brought the substantive due process doctrine to its first apogee ( Adkins v. Children's Hospital ). During the Hughes , Stone , and Vinson courts (1930–1953), the court gained its own accommodation in 1935 and changed its interpretation of
35604-439: The statue in that case was considered "applied art" because the 1909 act had removed an earlier distinction between aesthetic and useful works of art. That distinction was not reinstated by the 1976 act, so there was no distinguishing between "conceptual" and "physical" separability. Thomas rejected Star Athletica's additional, "objective" considerations from preexisting tests that a work be identified as artistic contributions from
35811-530: The statute without enough differentiating examples in the majority to discredit the alternative view. Potential contradictions in Thomas's majority opinion (assertions that surface designs are "inherently separable" from useful articles without being useful articles themselves, and other clothing with the design do not conjure the original useful article) may muddy the waters. According to the Review , "These dicta imply that
36018-614: The subjects the Supreme Court may hear, it may limit the jurisdiction of the lower federal courts to prevent them from hearing cases dealing with certain subjects. Nevertheless, it is primarily remembered for its ruling in Dred Scott v. Sandford , which helped precipitate the American Civil War . In the Reconstruction era , the Chase , Waite , and Fuller Courts (1864–1910) interpreted
36225-466: The supreme expositor of the Constitution ( Marbury v. Madison ) and making several important constitutional rulings that gave shape and substance to the balance of power between the federal government and states, notably Martin v. Hunter's Lessee , McCulloch v. Maryland , and Gibbons v. Ogden . The Marshall Court also ended the practice of each justice issuing his opinion seriatim ,
36432-468: The times." Proposals to solve these problems include term limits for justices, as proposed by Levinson and Sabato and a mandatory retirement age proposed by Richard Epstein , among others. Alexander Hamilton in Federalist 78 argued that one benefit of lifetime tenure was that, "nothing can contribute so much to its firmness and independence as permanency in office." Article Three, Section 1 of
36639-427: The trend on which the designer wanted to capitalize. Trade dress required the public to recognize a secondary meaning associating the design with its origin, and was subject to contradictory rulings from the Supreme Court. It was also vulnerable to dilution if courts determined that it was not being policed sufficiently. Defenders of the slow design-patent process said that the design patent's hurdle benefited society as
36846-595: The uniform design was not. Breyer reiterated that van Gogh could certainly have received a copyright to prevent people from reproducing his painting, but the request in Star Athletica was an injunction against reproducing uniforms; he felt that this decision would be equivalent to giving van Gogh a design copyright which could prevent others from producing those shoes. He accused Varsity Brands of trying to acquire copyrights to "prevent its competitors from making useful three-dimensional cheerleader uniforms by submitting plainly unoriginal chevrons and stripes as cut and arranged on
37053-549: The uniforms and copyrightable. Both parties agreed that the physical, three-dimensional uniform's cut and how it physically framed the body were not copyrightable, and they were interested in the colors and aesthetic designs as applied to the useful article. Ginsburg was uncomfortable with the vagueness she perceived in Star Athletica wanting the court to decide when a given two-dimensional design "is what makes an article utilitarian" when that design could conceivably be placed on anything. Chief Justice John Roberts agreed, adding that
37260-602: The uniforms as clothing the body "in an attractive way for a special occasion" and "identify[ing] the wearer as a cheerleader;" their aesthetic features, therefore, could not be separated from the utilitarian. Star Athletica filed to be heard by the United States Supreme Court in January 2016. On May 2 of that year, the court granted certiorari "to resolve widespread disagreement over the proper test for implementing § 101's separate-identification and independent-existence requirements." Star Athletica also wanted
37467-531: The useful article and could be copyrighted. The separability analysis started with an admittedly-permissive first requirement, describing the designs as separately-identifiable "pictorial, graphic, or sculptural works." The design needed to exist independently, and Thomas concluded that it did when it appeared in other media (such as the two-dimensional drawings submitted to the Copyright Office). In his view, this conceptual separation would not necessarily recreate
37674-418: The useful dress because the design's elements (like the chevrons) could appear on items in different contexts; the graphic design itself did not make a garment a cheerleader uniform, even it appeared on a different kind of clothing. This analysis moved the consideration away from whether the item left after separation was useful, and to whether or not the design itself was useful. A feature incapable of separation
37881-428: The utilitarian aspects of the design and capable of existing independently of the article. This broad, definitional language led to about ten competing, inconsistent legal tests for that separability, a state of affairs which was criticized for appearing to require judges to be art critics. Because clothes have both aesthetic and utilitarian features in their design, they fall into this useful-article category; therefore,
38088-448: The utility of an item. In its view, this made the test easier but inappropriately expanded copyright in ways which would impact its interests. The company said that a better test would have first considered an item's function, removing parts which accomplished that task from copyright consideration. Sara Benson, a lawyer who agreed with the decision, wondered if the court's rejection of a copyrightability test which valued artistic effort on
38295-447: The variability, all but four presidents have been able to appoint at least one justice. William Henry Harrison died a month after taking office, although his successor ( John Tyler ) made an appointment during that presidential term. Likewise, Zachary Taylor died 16 months after taking office, but his successor ( Millard Fillmore ) also made a Supreme Court nomination before the end of that term. Andrew Johnson, who became president after
38502-517: The way the product is presented to the consumer at the point of sale . The inclusion of industrial designers in a product development process may lead to added value by improving usability , lowering production costs, and developing more appealing products. Industrial design may also focus on technical concepts, products, and processes. In addition to aesthetics , usability, and ergonomics , it can also encompass engineering, usefulness, market placement, and other concerns—such as psychology, desire, and
38709-404: Was a utilitarian feature, Thomas said. Addressing concerns that this would grant control over more than the design, Thomas said that the separated aesthetic element could not be a useful article; someone could not copyright a design and then exert control over its physical representation. A drawing (or small model) of a car, copyrighted, could not restrict production of a functional automobile with
38916-412: Was also read to establish that copyright was an acceptable addition to design patents for useful articles in general and clothing in particular. This was an outcome the Intellectual Property Professors and Justice Breyer feared while Star Athletica was under consideration, although Justice Thomas said that they were "not mutually exclusive" according to Mazer v. Stein . For cosplayers, the decision made
39123-408: Was among the first times that a company used the argument that, in the case of Puma's Fenty Fur Slides, their "wide plush fur strap extending to the base of the sandal" was capable of being represented in another medium and was covered by copyright as separable from the shoe itself. Puma claimed "a casually knotted satin bow with pointed endings atop a satin-lined side strap that extends to the base of
39330-448: Was debate over this rationale. Cosplayers also cited fair use to justify their hobby. The Royal Manticoran Navy filed a separate supporting brief in Star Athletica which emphasized fair use in costuming, voicing a concern that allowing clothing-design copyrights would further strengthen Varsity Brands's position in the cheerleading industry, one commonly described as monopolistic because of its 80-percent market share. Public Knowledge
39537-521: Was defeated 70–20 in the Senate, and the Senate Judiciary Committee reported that it was "essential to the continuance of our constitutional democracy" that the proposal "be so emphatically rejected that its parallel will never again be presented to the free representatives of the free people of America." The expansion of a 5–4 conservative majority to a 6–3 supermajority during the first presidency of Donald Trump led to analysts calling
39744-529: Was impossible to perform a separability analysis and determine if the feature was copyrightable before litigation began. The Harvard Law Review said that Star Athletica was an important step towards removing subjectivity from the tests in this area of the law, removing the framing problem which changed the outcome of the analysis based on the definition of article usefulness. The decision may not fully resolve conflicting lower-court rulings, however, because its majority and dissent were based on close readings of
39951-726: Was involved in a brief from Shapeways , the Open Source Hardware Association , Formlabs and the Organization for Transformative Works , who were concerned that copyright restriction would impact 3D printing by making it difficult to share designs and by creating a fiscal incentive for media companies to crack down on derivative works . Another group of supporters ("Intellectual Property Professors") objected to broadly expanding copyright to useful-article designs because they considered design patents sufficient. Citing examples of what Congress considered copyrightable in drafting
40158-459: Was not acted on by the Senate; Eisenhower re-nominated Harlan in January 1955, and Harlan was confirmed two months later. Most recently, the Senate failed to act on the March 2016 nomination of Merrick Garland, as the nomination expired in January 2017, and the vacancy was filled by Neil Gorsuch, an appointee of President Trump. Once the Senate confirms a nomination, the president must prepare and sign
40365-449: Was not capable of existing independently of the final useful article. Some fashion designers bristled under the rules, wondering why other creative industries like films or music were allowed to restrict access to their products with copyright and they were not. Others interpreted fashion's successes as an industry thriving in the absence of copyright, perhaps in part because of that . Members of Congress introduced several bills to remove
40572-400: Was not going anywhere because the companies behind pop culture had embraced and encouraged it. Star Athletica caused uncertainty in the 3D-printing community; 3D printing was a relatively-new field, and the rules could have outsized effects on the development of its cultural norms. Shapeways , one of the amici , criticized the court's test because it prioritized artistic considerations over
40779-560: Was passed back to the district court in Tennessee and, in August 2017, was settled out of court in favor of Varsity Brands (over Star Athletica's objection) by Star Athletica's insurance company. Star Athletica wanted to press a counter-claim after the Supreme Court's ruling that designs on the uniforms could be copyrightable with an argument that the particular Varsity designs in the case should not be copyrightable due to their simplicity. The settlement precluded that argument and closed
40986-515: Was printed in 1853. The subtitle of the (translated) work explains, that it wants to offer a "complete course of mechanical, engineering, and architectural drawing." The study of those types of technical drawing, according to Armengaud, belongs to the field of industrial design. This work paved the way for a big expansion in the field of drawing education in France, the United Kingdom, and the United States. Robert Lepper helped to establish one of
41193-527: Was repeated in the court porcelain factories of the early 18th century, such as the Meissen porcelain workshops established in 1709 by the Grand Duke of Saxony , where patterns from a range of sources, including court goldsmiths, sculptors, and engravers, were used as models for the vessels and figurines for which it became famous. As long as reproduction remained craft-based, however, the form and artistic quality of
41400-413: Was sorry that it had to go all the way to the Supreme Court. However, she praised Thomas's decision as a maintenance of the status quo based on the copyrightability of fabric patterns. Although it was important to her because she believed that fashion designers deserved to restrict their designs with copyright, she did not think that it would change things for designers because it was based on the language of
41607-410: Was successful without copyright and quoted warnings from Thomas Jefferson and Thomas Babington Macaulay against wantonly expanding copyright monopolies. Seeing no pressing need to extend the restriction, he did not want to overstep the bounds of the Constitution 's Copyright Clause , especially when the available design patents afforded fifteen years of restriction and copyright could offer more than
41814-425: Was the parent company of Varsity Spirit, which had become the largest cheerleading and sports-uniform manufacturer in the world by the end of the 2000s. Because of the law, Varsity could not register copyrights for its cheerleading-uniform designs as clothing. Instead, Varsity applied for copyrights on drawings and photographs of those designs as "two-dimensional artwork" or "fabric design (artwork)." The design in
42021-627: Was the second. Unlike the Fortas filibuster, only Democratic senators voted against cloture on the Gorsuch nomination, citing his perceived conservative judicial philosophy, and the Republican majority's prior refusal to take up President Barack Obama 's nomination of Merrick Garland to fill the vacancy. This led the Republican majority to change the rules and eliminate the filibuster for Supreme Court nominations. Not every Supreme Court nominee has received
42228-409: Was thought of in terms of art, whether giving it a picture frame or merely calling an object "art" (like a Marcel Duchamp series ). Breyer's approach to the problem was to interpret what "identified separately" meant in the context of the statute. His reading was that to be separable, the design features needed to be physically separable from the article (leaving the utilitarian object functional) or
42435-406: Was unsure if that would be a bad thing. Justice Anthony Kennedy wondered if it was "the domain of copyright to [restrict] the way people present themselves to the world." Breyer received media attention for saying of the purpose of fashion, "The clothes on the hanger do nothing; the clothes on the woman do everything," a sentiment Kagan thought was "so romantic." Justice Clarence Thomas delivered
42642-508: Was upheld on appeal the following year. In February 2019, however, the Copyright Office's review board used Star Athletica as a justification for refusing to register the design of a work glove. The office determined that it failed the second step of the test because panels on the back of the hand and other features of the glove were "apparently deliberately engineered and repeatedly tested to qualify with ANSI cut-level standards while allowing finger and hand movement." The office determined that
42849-475: Was while debating the separation of powers between the legislative and executive departments that delegates to the 1787 Constitutional Convention established the parameters for the national judiciary . Creating a "third branch" of government was a novel idea ; in the English tradition, judicial matters had been treated as an aspect of royal (executive) authority. Early on, the delegates who were opposed to having
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