ArticlesVolume 41, No. 1 (2017)

Adjusting The Dress Code: Implementing Trade Dress Reform to Burgeon User Experience (UX) Protections

Charles Lee Israel Slamowitz

Emory University School of Law

Abstract

This article addresses the fundamental gaps in intellectual property protections plaguing the User Experience (UX). UX is the field of focus on user interactivity with interface displays. Numerous mobile and computer applications—including Facebook, Snapchat, and Uber—blatantly engage in the copying of one another’s UX, with de minimis legal repercussion. An exception within trade dress, the sua sponte “UX Exception,” is proposed as one of the most viable solutions to bridge the ever expanding disconnect between UX’s preeminence and inadequate legal protections.