In the update to their chapter on unique online trademark issues, Hogan and Feingold
noted several more recent cases related to trade dress protection of websites, including Parker
Waichman LLP v. Gilman Law LLP, wherein the court concluded that the plaintiff had “fail[ed]
to adequately define the ‘look and feel’ of the Web site at “YOURLAWYER.COM.”54 They also
note that in affirming the lower court’s dismissal of a trade dress claim, the Third Circuit
explained that the plaintiffs failed to “enumerate what specific elements of its Web site comprise
a distinctive trade dress or that its site has any distinctive ornamental features.”55 Moreover, the
court also noted that even if the plaintiff had adequately stated its claims, its alleged trade dress
is clearly functional.56