O instituto do trade dress e a proteção aos websites: um estudo de caso

Abstract

The trade dress is a recent institute in an effort to protect the graphic and sensory combination of a product or service and thereby rebuking unfair competition. With the advancement of e-commerce, which gains more and more consumers around the world, companies invest in creating websites that are attractive and useful to your customers. Knowing that the websites that stand out with good results are likely to have their "look and feel" copied by competitors who wish to deceive consumers, it is important to question the applicability of trade dress protection for websites. Thus, this study aims at first, to examine the requirements for trade dress protection presented by Tinoco Soares (2004) and subsequently evaluate the questions as the particularities of websites. Finally, it seeks, from the study of a particular case, apply the theory investigated in order to achieve a possible answer to the question made.