Legal Question in Intellectual Property in California

Website functionality

I have started a small internet start-up that essentially allows individuals to upload photos of the fashion/clothing they wear and allow the internet community the opportunity to rate and comment on these fashion-related photos. We are about 60% done with the design phase and yesterday, during a search, I came across a site that is very similar to the one I am creating. I hadn't noticed this site in my exhaustive search before building the site presumably because they have very, very, low utilization. Wondering what the law is around putting up a site with functionality similar to a site already in cyberspace. I would not be duplicating any of the content but the functionality of the site would be the same i.e. rating the photos, commenting on the photos, both dealing with fashion, etc.


Asked on 2/27/09, 4:57 pm

1 Answer from Attorneys
Cathy Cowin Law Offices of Cathy Cowin

Re: Website functionality

From a legal perspective, you don't appear to have a problem because you aren't copying their designs, including look/feel, and the idea is something that anyone could have come up with. In terms of legal issues, your bigger concern should be site language such as user terms, including but not limited to what type of comments can be posted and your rights as the site owner (e.g. take down inappropriate postings).

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Answered on 2/27/09, 5:18 pm


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