Legal Question in Technology Law in Massachusetts

Website

I just had a website built, and I heard another website had talked about filing a lawsuit claiming my website had looked like theirs and I had stolen their website. The 2 websites have different programming codes and only the design may have looked similliar but there are alot of modeling websites with the same type of names listed for the parts of the website. I have taken some steps in changing some things on my website, but the guy who built it says I should not have to change anything. What should I do ? thanks


Asked on 3/22/05, 5:27 am

2 Answers from Attorneys
Emanuel Torti TORTI FLANAGAN, P.C.

Re: Website

In order to answer your question, I need to know more about the actual complaint that they have with your web site. If they are saying that they are concerned that your web site "looks" like their web site then you have a copyright issue. The analysis then centers around the substantial similarity (or lack thereof) of the acutal look and expression of the web site when comparing protectable expression. The type of code leading to the expression does not matter, unless they asserting a misappropriation of the code.

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Answered on 3/22/05, 8:05 am
Lawrence Graves Coolidge & Graves PLLC

Re: Website

"Look and feel" theory of copyright went down in flames in the Apple v. Microsoft case. If the underlying code is not infringing, the general appearance of the site is unlikely to contain artistic expression sufficient to support a claim of copyright infringement.

Best wishes,

LDWG

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Answered on 3/22/05, 8:37 am


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