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The Supreme Court established a two-part test in the case Star Athletica, L.L.C. v. Varsity Brands, Inc. :

According to 17 U.S.C. § 101 , a is an item with an "intrinsic utilitarian function" that goes beyond merely looking nice or providing information. Common examples include: Clothing: Protecting the warmth or shape of a body. Furniture: Providing a place to sit or eat. apdn__1249zip

For instance, a floral design engraved on a silver spoon can be copyrighted as an artistic work, but the shape and function of the spoon itself cannot be copyrighted. Why APDN Matters for Useful Articles The Supreme Court established a two-part test in