Re: copyright web 'look'

by Doug Isenberg <disenberg(at)GigaLaw.com>

Date:	Tue, 16 Jan 2001 14:47:22 -0500
To:	<jon(at)3spadefx.com>, "HWG Business List" <hwg-business(at)hwg.org>
In-Reply-To:	3spadefx
	todo: View Thread, Original


>       I was told this past week by a patent and trademark lawyer that you 
> can't copyright, trademark, or patent a website design nor a software design.

         As a general rule, this is not necessarily true under U.S. 
law.  The appearance of a web site can be protected by copyright law if 
(like other works) it constitutes an "original work of 
authorship."  Indeed, the U.S Copyright Office publishes a circular titled 
"Copyright Registration for Online Works" that expressly contemplates the 
registration of web sites.  However, not every web site is copyrightable.

         Also, a web site could be protected by trademark/trade dress 
law.  For an academic discussion of this issue, see the article, "Trademark 
Law and High-Tech Product Designs," 
http://www.gigalaw.com/articles/landau-2000-07-p1.html  The article notes 
that a recent Supreme Court ruling on trade dress law "will have a profound 
impact on designers of computers, peripherals, handheld devices and web pages."

Doug Isenberg, Esq.
Editor & Publisher, GigaLaw.com
FREE daily Internet law news via e-mail!  Subscribe at 
http://www.gigalaw.com/news/index.html

HTML: hwg-business mailing list archives, maintained by Webmasters @ IWA