Likelihood of Confusion

The last issue a court would address in examining one company's claim that another infringed the trade dress of its Web site is the likelihood of confusion between the two sites. The company bringing the trade dress claim would attempt to prove that people surfing the web believed the other Web site was the suing company's site. Web sites have not yet secured definite trade dress protection, but the means for seeking such protection are at hand, and courts are beginning to recognize infringement claims in this area.