The U.S. Supreme Court has agreed to review the 6th U.S. Circuit Court of Appeals’ decision in Varsity Brands Inc. v. Star Athletica LLC and weigh in on a question that has been troubling courts for decades: What is the test for determining when a design of a useful article is protectable under Section 101 of the Copyright Act?In Varsity Brands, the 6th Circuit was tasked to decide whether the stripes, chevrons and color blocking designs on cheerleading uniforms were separable from the utility of the uniform itself …