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VARSITY BRANDS, INC. v. STAR ATHLETICA, LLC

No. 14-5237.

799 F.3d 468 (2015)

VARSITY BRANDS, INC.; Varsity Spirit Corporation; Varsity Spirit Fashions & Supplies, Inc., Plaintiffs-Appellants, v. STAR ATHLETICA, LLC, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 19, 2015.

Attorney(s) appearing for the Case

ARGUED: Grady M. Garrison, Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Memphis, Tennessee, for Appellant. Michael F. Rafferty, Harris Shelton Hanover Walsh, P.L.L.C., Memphis, Tennessee, for Appellee. ON BRIEF: Grady M. Garrison, Bradley E. Trammell, Adam S. Baldridge, Nicholas L. Vescovo, Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Memphis, Tennessee, for Appellant. Michael F. Rafferty, Steven M. Crosby, Theodore C. Anderson, Harris Shelton Hanover Walsh, P.L.L.C., Memphis, Tennessee, for Appellee.

MOORE, J., delivered the opinion of the court in which GUY, J., joined. McKEAGUE, J. (pp. 494-97), delivered a separate dissenting opinion.

OPINION

Are cheerleading uniforms truly cheerleading uniforms without the stripes, chevrons, zigzags, and color blocks? That is the question that strikes at the heart of this appeal. Plaintiffs-Appellants Varsity Brands, Inc., Varsity Spirit Corporation, and Varsity Spirit Fashions & Supplies, Inc...

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