Abstract

“Imitation is the sincerest form of flattery.” In many cases that is true. It is practically a requirement in some circles; high school or Hollywood for example. However, in legal circles, it can generate some serious problems. It can be known by a different name: “infringement” in the case of copyrights or patents, if the imitation goes so far as to take the form of duplication. It can also take on the name, “plagiarism”, which may or may not be copyright infringement but is generally grounds for punishment or ostracism, depending on the nature of the plagiarism and the plagiarized work. A modest but slowing growing number of court cases are exploring a new area where too much imitation is neither flattering nor legal: that of the “look and feel” of an Internet website. In a recent case involving the websites of competing companies in the construction industry, a federal court found that copying the website’s “stylistic choices”, including color, fonts, orientation and arrangement could be a violation of the company’s “trade dress” rights under federal trademark law.

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.