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View Full Version : Can A Design Of A Website Be Protected?



libra
06-01-2012, 10:58 PM
I have devoted a considerable amount of time to building a certain business website on my own which I intend to launch.

As a first step, is there any recommended procedure whereby I can legally protect my website's design, namely it's concept, format and layout, from being copied by potential competitors, for example?

Any help and useful tips from any angle would be much appreciated.

vangogh
06-02-2012, 10:40 AM
Your design and content is protected by copyright the moment it's published. However with the design that mainly means your images and exact aesthetic can't be copied. It wouldn't mean that because you used 2 or 3 columns that no one else could. The layout is not protected. Look around the web. Every site uses one of a handful of different layouts. Your concept isn't protected either. Ideas are not copyrightable or patentable. You could possibly patent the specific technology used to implement your idea, but not the idea itself.

The reality is if you start a business, someone else can start a similar business based on your idea. The things you can get protection for are the implementation details, but you can't prevent someone else from going into business with the same idea. There's not going to be any state sponsored protection, but you can protect your business yourself by building a great business. How you would do that would depend on the details of your business. Whatever your business you can build a brand that's associated with your idea. Then when people think about your product or service they'll naturally think of you and buy from you.

Instead of worrying about whether or not someone else can copy your idea, you should worry about how you'll build your business into something successful. If you build your business well it won't matter if another business tries to copy your idea.

libra
06-02-2012, 10:59 AM
Thank you for the useful tips.

As I have very limited resources to operate my business, my worry of having the business being 'snatched away' by anyone with the financial clout to build upon it to higher levels of service is real, since ideas are so easily duplicated.

Any further useful tips along those lines?

billbenson
06-03-2012, 04:16 PM
If you have a small niche business, the odds of some big company saying "I never thought of that, lets do it" are small. Be aware the big companies are big lethargic things with a bunch of people that don't agree with each other. Without knowing more about you business, it sounds like you are worrying about nothing.

Business Attorney
06-04-2012, 12:26 AM
If you have a small niche business, the odds of some big company saying "I never thought of that, lets do it" are small. Be aware the big companies are big lethargic things with a bunch of people that don't agree with each other. Without knowing more about you business, it sounds like you are worrying about nothing.

While there is some truth to that statement, there are many exceptions. One that comes to mind is Microsoft. A lot of the features that you see in their programs were originally stand-alone products from small companies. In some cases there were patents and Microsoft licensed the technology but in others they just added the idea to their product.

Another example is flavored waters. Originally, flavored waters were introduced by small companies like Clearly Canadian. As soon as they were on the radar of the big beverage companies, it was game over. Rather than buy out the small guys, Coke and Pepsi brought out their own products. With established distribution channels and deep pockets for marketing, the big beverage companies rolled over the niche players. A big exception in the niche drinks was Glaceau, which was able to establish a brand identity for its VitaminWater and sold out to Coca Cola for $4 billion.

I can think of several other examples of big companies using ideas that originated with small companies. So a small business person worrying about a big company getting into its business is not necessarily unfounded.

The other thing is that a small business doesn't only have to worry about a mammoth company. For a cash-strapped business, a well-capitalized competitor with a few thousand dollars may be a bigger threat than a multi-billion dollar business. Potential competitors come in all shapes and sizes.

KristineS
06-04-2012, 11:24 AM
You can't really stop anyone from copying your ideas. You can and should copyright the text and images on your website. Most sites do that, which is why you'll see the copyright 20xx - 20xx in the footer of the pages of most sites.

If you're starting with limited capital and worried about other companies finding out about your idea and capitalizing on it, the best thing you can do is be as aggressive as possible about getting out there first and making your brand/product popular before other companies can get into the marketplace. If you get established before other products, then they will have to fight an uphill battle to take your market share.

As to how you do that, which is the original question - make rabid fans of your customers. Connect with them on as many venues as possible. Provide exceptional customer service. The more ties and bonds you can create with your customers the harder it will be for another company to lure them away.

vangogh
06-04-2012, 11:30 AM
As I have very limited resources to operate my business, my worry of having the business being 'snatched away' by anyone with the financial clout to build upon it to higher levels of service is real, since ideas are so easily duplicated.

That may be true, but think about your two options.

1. Start your business - At one extreme you could be very successful and make lots of money. At the other extreme someone copies your idea and puts you out of business.
2. Don't start your business - You never have a business and never make any money.

There's some risk with option 1. It's true that someone could copy your idea and put you out of business. However option 1 is the only option where you have any chance of success. If you never start, for whatever reason, your business has already failed.

If your idea is so dependent go having a certain amount of financial resources, then you need financial resources, regardless of what the competition might or might not do. If you need financial resources, find someone to partner with who has those resources.

libra
06-04-2012, 11:17 PM
I find all of the above comments very useful, and also eye-opening.

As a mainly web developer with a business idea, I am not street-smart regarding the 'business jungle' out there.

I will certainly also welcome comments from those who have trodden a similar path, with their hindsight and practical tips.

vangogh
06-05-2012, 10:44 AM
I'm glad we could help. The way to get street smart about business is to jump in. There's no guarantee someone else won't take your idea and build their own business around it. They can't copy your content or the aesthetics of your design. If your site involves programming they aren't going to see your server side code. If you have things that are patentable you can file a patent application. You can also file for copyright protection above and beyond what you'll get automatically. Still it's probably best to just launch the site and get the business started. At some point you have to start the business in order to have a business.

I'm not sure how many specific and practical tips we can give you without knowing more about your idea and business. I know you feel cautious about sharing, but the reality is no matter how great your idea, people aren't likely to copy it instantly. If you turn it into a successful business and people start to notice then some probably will try to copy you, but by that time you're successful and it shouldn't be an issue. Much of the time when people share ideas what they ultimately get is feedback that helps shape the idea into something more likely to be successful.

billbenson
06-06-2012, 03:49 PM
While there is some truth to that statement, there are many exceptions. One that comes to mind is Microsoft. A lot of the features that you see in their programs were originally stand-alone products from small companies. In some cases there were patents and Microsoft licensed the technology but in others they just added the idea to their product.

Another example is flavored waters. Originally, flavored waters were introduced by small companies like Clearly Canadian. As soon as they were on the radar of the big beverage companies, it was game over. Rather than buy out the small guys, Coke and Pepsi brought out their own products. With established distribution channels and deep pockets for marketing, the big beverage companies rolled over the niche players. A big exception in the niche drinks was Glaceau, which was able to establish a brand identity for its VitaminWater and sold out to Coca Cola for $4 billion.

I can think of several other examples of big companies using ideas that originated with small companies. So a small business person worrying about a big company getting into its business is not necessarily unfounded.

The other thing is that a small business doesn't only have to worry about a mammoth company. For a cash-strapped business, a well-capitalized competitor with a few thousand dollars may be a bigger threat than a multi-billion dollar business. Potential competitors come in all shapes and sizes.

I agree with you Dave. I think the OP was really concerned about either website layouts, perhaps product list and descriptions, maybe even types of products such as a mix and match of perfumes with particular complexions etc. Back in the pre internet days,companies were terrified that their competition would get copies of brochures of new products. We even hid them at trade shows only giving them to known customers. The competition got them anyway.

You can put protections in place, but if you try to be overly secure you may do more harm than good to yourself.

libra
06-07-2012, 10:05 AM
Thanks to all who commented for the very illuminating posts. Much appreciated.

smb-coach
06-07-2012, 10:23 PM
Everyone is giving some good advise, however the more important question for you is what is my value proposition. You can have the best website but if none one sees value in the service you provide then the website does not do anything. Of course if you have the best and newest shopping card system, by all means protect it.

What is most important is who is your customer demographic, value proposition, and then build the site around that.

As several commented above, other companies are to busy with their own things and do not really have the time to copy yours, if they do, consider it a compliment.

I work with Startups in Silicon Valley and many have this same feeling, will they copy our idea, but in reality no one is looking since they are busy with their own app.

vangogh
06-12-2012, 01:34 AM
but in reality no one is looking since they are busy with their own app.

That's a good point. Some businesses are too busy working on their own business to worry about what you're doing. I know a lot of people worry someone else might steal their idea and it is a possibility, but I don't think it's a strong possibility in most cases and sooner or later you have to reveal your idea if you want people to buy from you.

libra
07-20-2012, 06:35 AM
I recently came across the idea of using the 'Seal File" service by WorldwideOCR as a means to record my website design.
Does anyone have any experience with that service? The concept itself really appeals to me very much.

vangogh
07-20-2012, 06:10 PM
Never heard of them before. Seems like spending money for something you don't really need though. Again there are certain things you can't copyright. You can't copyright a layout and claim ownership to having a header at the top and a footer at the bottom and a sidebar to the right of your content. What you can copyright are the graphics you use and the copy you write. The service you point to looks like they just make a copy with a date to prove when you created the original. Granted I only gave the site a cursory look, but that's what it seemed like they do at a glance.

I think there are plenty of ways you could do essentially the same thing without it costing you any money. Unless this company is some kind of recognized authority around the world, they aren't providing anything for you other than a dated backup of your files. Again I only looked at the site quickly, but I didn't see anything to make me thing otherwise.

libra
07-21-2012, 06:44 AM
Thanks to VG for your views on this.

I should think there's nothing I can do if someone should copy the exact layout and design as my site and just substituting another company logo and some variation of the graphics on the site.

I do need more guidance in this regard as to what is the best thing to do before I publish my website.

Dan Furman
07-22-2012, 09:31 PM
with so much design being CSS based, it doesn't really matter that much - there's only so much they can copy.

But yes, technically, someone CAN "steal" your design and insert their own logo/graphics/copy/etc, and there's not much anyone can do about it.

My advice is not to worry about it.

libra
07-23-2012, 01:31 AM
If I intend to file my logo for a trademark, should it be better done under my own name or my company name, say an LLC (I presently do not have any yet)?


with so much design being CSS based, it doesn't really matter that much - there's only so much they can copy.
But yes, technically, someone CAN "steal" your design and insert their own logo/graphics/copy/etc, and there's not much anyone can do about it.
My advice is not to worry about it.

vangogh
07-26-2012, 11:33 PM
I would think you'd want to trademark the company name under the company and not under you individually.

With the rest I know it's hard to accept, but it's really not something you should worry about. Fair or not someone else can come along and copy plenty of the things you've done and start their own business. However it's only likely to happen after you've been successful at which point if your idea is truly unique you should be the market leader and be in a position to not have any of the copying matter.

If the original stuff is backend programming then nobody is going to be able to see your code to steal it. They'll be able to see what you've done and try to write code themselves to do the same and probably try to improve on what you've done. That will be a possibility for the life of your business. The exact layout and design of your site isn't going to make or break your business in the sense of somebody being able to do the same as you by copying the layout and design. Those things will enhance your business and they can be important to your success, but they aren't your business.

I mentioned this earlier in thread. What's most important for you now is getting your business off the ground and making it as successful as it can be. It's not trying to protect something that isn't there yet.

StefanT
07-27-2012, 05:47 AM
People can always come and try to steal away ideas, design, etc. Heck, everyday someone alway visits our site and downloads images that we paid for (and we're not even famous yet!). Not much you can do about that.
What you do have to worry about is the stuff people CAN'T steal from you: brilliant customer service, providing something of value, increased response rates, valuing your relationships with your clients, etc

If you do that, consistently, nothing will stop you from getting to the top!

Dan Furman
07-27-2012, 02:58 PM
If I intend to file my logo for a trademark, should it be better done under my own name or my company name, say an LLC (I presently do not have any yet)?

if I remember correctly, your logo is already copyrighted under US law - assuming it's original (e.g.: you made it, or paid someone to make it) it's yours, and nobody can legally steal and use it.

I would say for a beginning business, this is enough.

Don't worry too much about people stealing stuff. It's a much larger problem in your mind than in practice.

vangogh
07-27-2012, 05:09 PM
What you do have to worry about is the stuff people CAN'T steal from you: brilliant customer service, providing something of value, increased response rates, valuing your relationships with your clients, etc

That's a great way to say it. Any business has aspects that are easily replicated. Even if you attempt to protect those things through copyright or patent or some other legal means, they'll still end up being copied in some way. The key is to do things that are more difficult to copy. Customer service is a good example. Everyone says they provide great customer service. Most don't. It's hard. It takes a lot of effort. It costs money to hire good people. To genuinely provide great customer service is difficult and because of that it's not easily replicated by another business.


Don't worry too much about people stealing stuff. It's a much larger problem in your mind than in practice.

I agree. Obviously it can and does happen, but not nearly to the extent some fear. In general if it happens, it'll be after you've proven your success, at which point it shouldn't be as much of an issue.

libra
07-28-2012, 08:16 PM
if I remember correctly, your logo is already copyrighted under US law - assuming it's original (e.g.: you made it, or paid someone to make it) it's yours, and nobody can legally steal and use it.
I would say for a beginning business, this is enough.
Don't worry too much about people stealing stuff. It's a much larger problem in your mind than in practice.

That's very reassuing to a 'beginning business', but assuming the business idea and model is adoptable, and catches on like wildfire (just kidding), isn't it too late then to do anything which could have given better protection in the first place?

libra
07-30-2012, 05:43 PM
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