Look and feel copyright infringement lawsuits are concerned with the unauthorized copying of the overall appearance and design of a copyrighted work. This can include things like the layout of a website, the graphical elements of a software program, or the overall design of a product.
Copyright law protects original works of authorship, including literary, dramatic, musical, and artistic works. However, copyright law does not protect ideas, concepts, or systems. This distinction is important in look and feel copyright infringement cases, as the copyright holder must show that the infringer has copied the expression of the idea, not just the idea itself.
To establish look and feel copyright infringement, the copyright holder must show two things:
- Substantial similarity: The two works must be substantially similar in terms of their overall appearance and design. This does not mean that the works must be identical, but they must be similar enough to create a likelihood of confusion in the mind of the ordinary consumer.
- Access: The infringer must have had access to the copyrighted work. This can be shown through direct evidence, such as testimony from the infringer, or through indirect evidence, such as the fact that the two works were created around the same time and are similar in terms of their subject matter.
If the copyright holder can establish both substantial similarity and access, then the infringer will be liable for copyright infringement. The copyright holder can then seek damages, which can include the infringer’s profits, the copyright holder’s losses, or statutory damages.
Examples of Look and Feel Copyright Infringement
Here are a few examples of look and feel copyright infringement:
- A website that copies the layout and design of another website.
- A software program that copies the graphical elements and user interface of another software program.
- A product that copies the overall design of another product.
Famous Look and Feel Copyright Infringement Cases
Here are a few famous look and feel copyright infringement cases:
- Apple Inc. v. Samsung Electronics Co., Ltd. (2012): Apple sued Samsung for copying the look and feel of the iPhone and iPad. The jury found Samsung liable and awarded Apple $1.05 billion in damages.
- Oracle America, Inc. v. Google LLC (2021): Google appealed a lower court ruling that found it liable for copying the look and feel of Oracle’s Java programming language. The Supreme Court ruled in favor of Google, finding that Google’s use of Java was protected by fair use.
Look and Feel Copyright Infringement Lawsuits in the USA
Look and feel copyright infringement lawsuits are relatively common in the USA. The US Copyright Office has issued a number of guidance documents on look and feel copyright infringement, including a copyright fact sheet: https://www.copyright.gov/circs/.
Conclusion
Look and feel copyright infringement lawsuits can be complex and expensive to litigate. If you are considering filing a look and feel copyright infringement lawsuit, it is important to consult with an experienced copyright attorney.
FAQs
What is the difference between look and feel copyright infringement and trademark infringement?
Look and feel copyright infringement is concerned with the unauthorized copying of the overall appearance and design of a copyrighted work. Trademark infringement is concerned with the unauthorized use of a trademark, which is a word, phrase, symbol, or design that identifies the source of goods or services.
Can I copyright the look and feel of my website?
Yes, you can copyright the look and feel of your website, but only if the look and feel is original and creative. You cannot copyright the general idea of a website, such as the use of a navigation bar or a search box.
What should I do if I think someone is copying the look and feel of my website?
If you think someone is copying the look and feel of your website, you should consult with an experienced copyright attorney. The attorney can help you assess your case and determine whether you have a viable copyright infringement claim.
What are the penalties for look and feel copyright infringement?
The penalties for look and feel copyright infringement can vary depending on the severity of the infringement and the amount of damages caused to the copyright holder. The court may order the infringer to stop using the copyrighted material and to pay damages to the copyright holder.
What are some things I can do to protect the look and feel of my website?
There are a number of things you can do to protect the look and feel of your website, including:
Register your copyright with the US Copyright Office. This will create a public record of your copyright and make it easier to enforce your rights if you are infringed upon.