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53 Wake Forest L. Rev. 1005

Say “Yes” to the [Trade] Dress: A Comment on Trade Dress Protection for the “Look and Feel” of Lifestyle Blogs

Sabrina Rodrigues

Shopping in brick-and-mortar stores has steadily become obsolete, with online shopping taking over the spotlight.  More interesting is the role lifestyle blogs play in this shift in shopping dynamics, in part due to each blog’s unique “look and feel.”  While lifestyle blogs are quickly gaining an upper hand in the online marketplace, whether their “look and feel” can be protected and enforced under either copyright or trademark law has yet to be answered.  This Comment attempts to answer this question.  As such, this Comment analyzes whether a lifestyle blog’s “look and feel” can receive copyright or trademark protection and concludes that although it will likely not be able to receive copyright protection, it may likely receive trademark protection for its trade dress depending on the facts.  However, enforcing such protection may prove to be difficult unless there is initial interest confusion.

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Topics: Issue 5
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