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Is it considered copyright infringement to copy the layout of a website?
Anonymous2 views5 answers
I noticed that this website called http://www.groupon.com/new-york/ is getting a few copycats that look very similar. Beyond just the layout of the site being very similar, some of the copycats also use very similar terms in their navigation bar and throughout the page. They also have very similar Terms of Service and Privacy Policies. Is this considered copyright infringement? Here are two websites for reference:
https://www.thedealist.com/index.php?option=com_content&view=frontpage&Itemid=2
http://www.coupme.com/
The Copyright Office has weighed in on the copyrightability of the format of websites and concluded that, as a general rule, they are not copyrightable. See pages 9 -12 at: < http://ipmall.info/hosted_resources/CopyrightAppeals/2004/Anthony%20Biller.pdf >.
This decision was appealed to the courts and affirmed. The decision lays out the general rules and applies them only to the website involved of that case. Applying those same rules to other websites may result in a different result [that is, that the site is copyrightable].
Enterprising website owners are claiming that they own trade dress rights in the look and feel of their websites. The law on that type of protection is still in its infancy. See < http://j.mp/9BQlgd > at pages 5 - 8.
In short, protecting the appearance of a website [as opposed to the particular items of information] is a tough road to hoe.
Copying a website's "layout" could be copyright infringement, since website content can be copyrighted, and the look of a website can be a unique expression that's protectible.
But if it's just the general look and layout that you're referring to, and NOT the content on the site, it's probably a generic organization of information that's not a unique expression, so it wouldn't be protectible or have any unique, copyrightable elements to it. For instance, drop-down menus are common to websites - that wouldn't be a protectible element. If you take and use something truly original, however, you'd want to check to see if it's copyrighted.
You've listed different domain names, so it doesn't sound like there can be any trademark infringement.
See an IP lawyer to review your intended use and give you specific advice.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
James JuoIntellectual Property Law AttorneyLos Angeles, CA ·
Another possible issue to consider is whether the website layout is covered by a design patent (which can cover icons on a computer screen). For example, Google has recent obtained a design patent (D599,372) for its homepage. There would be infringement of the design patent if an ordinary observer would find substantial identity between the designs.
If the original website did not trademark their web page, they may have no claim for infringement. Also, there does not appear to be any confusion in the marketplace since one is a service for several products and then the second is for people's hair styling and the third is for pets. Also you cannot trademark group discounts, which is a general way of buying used by many companies either by buying in bulk or having multiple buyers purchase the same item.
On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:
Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..…………………………..
New York business law and real estate matters…………………………………….
New York City: A Guide to the Courts……………………………………..
Commercial litigation: How to Handle a Dispute
LEGAL DISCLAIMER…………………………………………………………………..
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
