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Protect
yourself
Protecting
brand identity is crucial for any successful business; and offline there
is over two hundred years' worth of case law to guide companies and their
attorneys. But what about protecting an online brand identity, such as a
user interface design? Of course, online businesses have the same tools
available to them as those offline: copyright, patents, trademarks, and
trade dress. However, intellectual property law as it applies to screen-based
delivery systems is a new and quickly developing area of the law. How it
evolves will be extremely important for the future of e-commerce. Trade
dress has become central to this evolution in recent years and will continue
to be, as companies find it the best way to protect their online identities.
To be eligible for this protection, however, screen-based delivery systems
must meet certain standards, including distinctiveness. A web site that
cannot be protected by trade dress is extremely vulnerable, as other businesses
steal its successful design and lure away customers who would otherwise
remain loyal.
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