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website - look and feel - copyright/tm ?



siliconmike@yahoo.com (Meetul Kinarivala)
4/6/2005 10:25:59 PM


This question is deliberate due to prospective high significance and
traffic of a website project on the verge of completion:
Is there a way that I can copyright/trademark the "look and feel" of
the website, so that nobody can create a duplicate one without
significant changes?
For example Google has done it I've heard so that nobody can make a
search engine looking like Google. (They have colored letters logo and
stuff..).
Any pointers / suggestions would be great. In fact the plus point of
the project is its "look and feel" upon which would be based its
future popularity. I'm afraid that if I do not take steps to protect
that, any deep pocketed guy might be able to get a duplicate made.
Thank you
Mike
 
 
"Mark A"
4/11/2005 9:33:44 PM




"Meetul Kinarivala" <siliconmike@yahoo.com> wrote in message
news:5369511r0qi8iiev10mm2g6vrtochp53l4@4ax.com...

This question is deliberate due to prospective high significance and
traffic of a website project on the verge of completion:
Is there a way that I can copyright/trademark the "look and feel" of
the website, so that nobody can create a duplicate one without
significant changes?
For example Google has done it I've heard so that nobody can make a
search engine looking like Google. (They have colored letters logo and
stuff..).
Any pointers / suggestions would be great. In fact the plus point of
the project is its "look and feel" upon which would be based its
future popularity. I'm afraid that if I do not take steps to protect
that, any deep pocketed guy might be able to get a duplicate made.
Thank you
Mike
There are legal issues with copying a company name/logo or product name/logo
if it may confuse the public regarding a registered trademark. That is not
limited to website look and feel, it applies to any use of the name/logo or
the name/logo imprinted on the product itself. So in the case of Google, if
someone uses a slightly different (but similar sounding) name as Google, and
the "look and feel" of the logo is similar or identical, the public might be
confused in thinking it is really Google, especially if it involves any
business that Google might reasonably be involved in..
If a website had a completely different name than Google, and that website
did not have a search engine, but the look and feel of their logo was the
same as Google logo, then it would probably be OK, since the public would
probably not be confused.
As was proven in the Apple vs. Microsoft case (which Microsoft won) it is
virtually impossible to copyright a look and feel of a computer interface,
unless the above mentioned confusion might occur regarding registered
trademarks.
As should be obvious by now, these issues have to be decided by courts (if a
lawsuit is filed) on a case by case basis.
 
 
Jonathan Sachs
4/11/2005 9:34:04 PM


On Wed, 06 Apr 2005 22:25:59 -0400, siliconmike@yahoo.com (Meetul
Kinarivala) wrote:
Is there a way that I can copyright/trademark the "look and feel" of
the website, so that nobody can create a duplicate one without
significant changes?
Copyright applies to a writing or other work in fixed form. There is
no way to get a copyright specifically on the "look and feel" of a web
site (or anything else), although there is some precedent for holding
that copying look and feel may violate a copyright.
The type of protection you are looking for would more naturally be
provided by a trademark. Very very briefly, anyone who uses a similar
mark in commerce, creating a likelihood of confusion (that his product
or service is offered by you, or vice versa) is infringing the
trademark. You can protect yourself with a common-law trademark (just
by putting the "TM" symbol on your web site and saying it's
trademarked), but to do this properly you should register your
trademark with the Patent and Trademark Office, and in a case like
this you can't do it properly without expert assistance. I recommend
that you look for an attorney who has experience with trademark law,
and particularly with trademark law as it applies to Internet
commerce.
My email address is llm040903 at earthlink dot net.
 
 
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