In Star Athletica, LLC v, Varsity Brands, Inc., the Supreme Court decided the appropriate test to determine when a feature of a useful article is protectable under §101 of the Copyright Act. However, there is an antecedent question that must be answered first before the Supreme Court's two part test in Star Athetica may be invoked.
Tyler T. Ochoa,
What is a "Useful Article" in Copyright Law After Star Athletica?
, 166 U. Pa. L. Rev. Online 105
Available at: https://digitalcommons.law.scu.edu/facpubs/962