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Nov 10, 2021 at 21:31 vote accept HeyJude
Nov 10, 2021 at 1:02 comment added phoog @HeyJude ... two authors might have composed the sentence independently. What's more, the sentence is probably not sufficiently creative to warrant protection. But if that sentence is one of several dozen screen elements that are arranged similarly on both sites, the arrangement may be protected, and the second site may be infringing. You can't put a percentage on that, though.
Nov 10, 2021 at 1:01 comment added phoog @HeyJude if one is accused of copyright infringement because one created a website that resembles another website, there will also be a fact-specific analysis relating to the common elements of the two sites, of whether the creator of the purportedly infringing site in fact copied those elements from the other site, and of whether those elements in fact fall under the source site's copyright protection. For example, if the text "click here to begin the registration process" appears on both sites, it might have been copied from a common source, or ...
Nov 10, 2021 at 0:47 comment added HeyJude I see, so the beginning of your answer refers to copyright infrigment, while your ending is for trademark infringement, two terms I mixed up. Thanks.
Nov 10, 2021 at 0:43 comment added phoog @HeyJude you're not allowed to copy material protected by copyright, just as you aren't allowed to confuse consumers by infringing a protected trademark. Whether your website is an infringing copy is determined by a fact-specific analysis, as is whether your website infringes a protected trademark.
Nov 10, 2021 at 0:30 comment added HeyJude How does the decisive No align with the non-deterministic it's a fact-specific analysis?
Nov 10, 2021 at 0:26 history answered phoog CC BY-SA 4.0