3 S. New Eng. Roundtable Symp. L.J. 137 (2008)
A Square Peg into a Round Hole: Trade Dress Protection of Websites, the Perspective of the Consumer and the Dilemma for the Courts

handle is hein.journals/sonengrs3 and id is 139 raw text is: A SQUARE PEG INTO A ROUND HOLE:
TRADE DRESS PROTECTION OF WEBSITES,
THE PERSPECTIVE OF THE CONSUMER
AND THE DILEMMA FOR THE COURTS
AMBER R. COHEN*
The Internet is very, very much like the
physical world. And we keep applying a lot
of nonsensical rules to it that don't match
our current experience. The physical world
is a dangerous place. Have you forgotten?'
INTRODUCTION
Trade dress protection of websites was not intended by the
Legislature, has not been provided for by the Courts, and
simply is not the proper safeguard for website owners. Most
legal theorists will argue that trade dress law is the
appropriate law to protect the 'look and feel' of a website;
however, this is simply not so. By deduction, it seems the
Courts are in a whirlwind as to how to protect the 'look and
feel' of a website and rightly so, because it is not a
straightforward analysis.
* The author is an attorney admitted to the Massachusetts Bar in
December 2008; J.D. 2008, Southern New England School of Law,
Dartmouth, Massachusetts. I would like to thank Ralph D. Clifford for
his valuable thoughts and criticisms both equally appreciated; Thomas J.
Cleary and Christopher Davis for their patience and understanding; my
editors, Jawara Griffin and Katy Garbowicz for all of their suggestions;
Cathy O'Neill for her assistance in finding the source; and my husband,
Matt, of which no explanations are necessary.
1 Tony Rutkowski, Vice President for Internet Business Development
at Silicon Valley and software developer for General Magic, Inc.,
HARVARD CONFERENCE ON THE INTERNET AND SOCIETY: PUBLIC
POLICY 333 (May 31, 1996).

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