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ARTICLE · 13 OCTOBER 2014

Protecting Your Look And Feel When Your Store Is Made Of Bytes, Not Bricks: Using Design Patents For Graphical User Interfaces

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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Traditionally, smart retailers also mimic their store's "look and feel" in their catalogs, advertising, and even the hold music on their toll-free number.

United StatesIntellectual Property

Imagine that you were magically dropped into your favorite store with your eyes closed.  When you open your eyes, you see the color of the walls and the design of the carpet, the material of the countertops, the soft lighting, and the racks of merchandise arranged just so.  Even without reading a single sign, you would surely know where you are.  This is because even without the store's name, you identify the store by its "look and feel." 

Traditionally, smart retailers also mimic this "look and feel" in their catalogs, advertising, and even the hold music on their toll-free number.  Today's retailers transform those physical characteristics into their websites and mobile apps, trying to maintain the consistency for all of their customer touch points.  And for those retailers with no brick-and-mortar stores, the appearance of the websites and mobile apps is even more important, not only for a consistent consumer experience, but also to differentiate their online

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