Is a Web Site's Look and Feel Protected?

In recent years, a growing debate has emerged over whether the overall look and feel of a Web site can be protected. To be sure, online content, videos, and other media are copyrightable, but the law remains unsettled when it comes to using trademark law to protect a site's distinctive interface and design elements. This article discusses trade dress generally, the issue of copyright preemption, and recent decisions that have wrestled with the issue of Web site trade dress infringement.

28 minute read September 28, 2010 at 10:40 AM
By
Richard Raysman And Peter Brown
Is a Web Site's Look and Feel Protected?

Protectable trade dress under the Lanham Act can include a wide range of product design and packaging features: the color and shape of pill capsules; the look of a greeting card line; the layout of magazine covers and briefcases; commercial kiosk designs; sales techniques; the distinctive decor of a restaurant; and the colorful, tropical depictions on liquor bottles.

This premium content is locked for LawJournalNewsletters subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN LawJournalNewsletters

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Continue Reading

Agentic AI introduces risks that are novel and complex, but the most effective response is a familiar one. Zero Trust answers the problem of when an AI agent misfires on its own by constraining what an agent can do rather than betting on how it will behave.

July 31, 2026

The outsourcing of office and administrative services is expected to grow 50%-60% in the next five years. Contrary to what decision-makers think, and what the service providers hope you think, the biggest risk in outsourcing isn't choosing the wrong provider. It's outsourcing the wrong process, under the wrong model, with the wrong performance measures and contract terms.

July 31, 2026