It's called a trend. If you look hard enough I guarantee you'll find a website that is older than fab.com that looks very similar. To win a suit for trade dres

It's called a trend. If you look hard enough I guarantee you'll find a website that is older than fab.com that looks very similar. To win a suit for trade dress infringement it's not enough to prove the designs share similarity. The plaintiff's design must be truly distinctive and closely associated with the site. I don't see anything distinctive about Fab.com's site, it looks exactly like dozens of other e-commerce sites. Furthermore no one is going to look at a product page with a picture on the left some, a white background and grey helvectica and think--Fab.com. They're not going to win this one.