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Look and feel is really hard to pin down legally. It's similar to the fashion industry. You just can't copyright a design -- and that is why there are so many k
by jamesjyu 17y ago
Look and feel is really hard to pin down legally. It's similar to the fashion industry. You just can't copyright a design -- and that is why there are so many knockoffs.
But that's just how it is in the design industry -- new designs come out quickly, so it's usually not worth the effort to fight knockoffs.
- shpxnvz 17y agoYou just can't copyright a design -- and that is why there are so many knockoffs. That's because design is an area covered by trademark, not copyright. You can trademark a design if it's distinctive or innovative enough, at least in the U.S., and have protection from imitation. You don't even have to register a trademark to establish rights, you can declare your rights simply by using the (TM) symbol, although you do have to register in order to defend the rights in federal court or claim international protection. http://www.uspto.gov/trademarks/basics/register.jsp http://www.uspto.gov/trademarks/basics/register.jsp From a whois check on their domain name, however, Plurk Inc. appears to be Canadian. Anyone have details on the what differences there are in the Canadian trademark system?