Kayak broadside hits Microsoft's search redesign
Imitation is the sincerest form of flattery, although on the Web it can be followed by the threat of litigation.
Wired reports that travel search site Kayak.com sent Microsoft a "legal letter" this week based on Microsoft's Bing travel search tool looking too similar to its own. While the Farecast-powered travel search provides differing results from Kayak's, the company is citing its similarity in look and functionality.
A Microsoft spokesperson rebutted the allegation, telling Wired that the latest design was a joint venture with Farecast and the Bing team.
Microsoft redesigned its Farecast travel search engine in conjunction with the launch of Bing.com in late May. Both it and Kayak have the same basic query layout, along with results that can be quickly filtered with sliders and check boxes that sit on the left side of the screen. The two also share certain color patterns and design elements.
That may not be enough to hold up in court though. U.S. copyright law protects creative work that is put in "tangible form." For copied imagery and text that distinction can be easy. However, when it comes to Web design, things begin to get murky. Its defense often relies on the comparison of the code of two sites, as well as the infringement of any company brands or trademarks.
"It is a hard case for Kayak to make because all airline reservation sites look a lot alike--they are trying to convey the same information, so this is not surprising," says Jim DeLong, who is the chairman of the intellectual property practice at Kamlet Reichert's Washington, D.C., office.
"It looks like a legal area called 'trade dress.' And Kayak would be limited to arguing about the use of grey in the left column, and about some of the typography in the same place."
The two sites side by side (click to enlarge)
(Credit: CNET)Travel search remains one of the most profitable parts of Microsoft's search business alongside its local and shopping search engines. Microsoft purchased Farecast in 2008 to boost its profile in the travel search market. It was then integrated deeply into Microsoft's MSN properties, and now Bing.
Other high-profile design similarities in recent history have involved AOL's beta site, which looked suspiciously close to Yahoo's front page; Google's Chrome browser logo; and Croatian Radiotelevision's BBC-like redesign.
Note: This story was updated at 12:07 p.m. PST with comment from Jim DeLong.
Josh Lowensohn writes for Webware.com, CNET's blog about Web applications and services. E-mail Josh, or follow him on Twitter at http://www.twitter.com/Josh. 
It does appear that there may be a trade dress issue. However, what I found interesting is the fact that the two images above are not "strikingly similar." They do look somewhat alike. Yet, as many people here have commented, many travel sites have "like" layouts.
I think Kayak has a long, uphill battle, if they wish to pursue legal action in this matter.
As with many of these suits, "legal action" may be a red herring. The idea that Microsoft may be a defendant for copyright infringement caught my attention. And honestly, this is the first I've ever heard of Kayak.com.
Which, may be the Kayak's true intention. Nothing says "look at me" like a publicized lawsuit.
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Apple was invited by Xerox to see that primitive little more than a mouse on a screen demo and told that Xerox had no plans to develop it further.
If you're going to try to use history to argue your point... don't pick one that when told in full, proves how misinformed you are.
Uh, no. In fact Xerox SUED Apple in Federal Court for $150 million. See the case: Xerox Corp. v. Apple Computer, Inc. Apple ended up paying Xerox to license its technology, although the original suit was thrown out on a technicality (Xerox filed the suit too late.)
If you're going to try to use history to argue your point... don't pick one that when told in full, proves how misinformed you are.
By the way, Apple LOST its copyright-infringement suit against Microsoft. Apple had actually entered a secret deal with Microsoft, giving Microsoft the right to license Apple's GUI elements, while in turn Microsoft would write software for the Mac.
Apple then tried to renege on the deal, AND LOST. The Federal district court ruled against Apple, and the decisions against Apple were upheld by the appellate court. See: Apple Computer, Inc. v. Microsoft Corp., 709 F. Supp. 925, 926 (N.D. Cal. 1989).
They ALL look like this.
Go figure. I had never even heard of Kayak before this so I'm not entirely sure this isn't just a publicity stunt on their part.
Microsoft has done it again... ripped off a UI and slapped their label on it... SP2
Perhaps you haven't run into enough sites in the travel industry yet.
Just ask Konfabulator about how nice it is to work with Apple...
Compare a standard Google Search's results page with Yahoo... They were even more similar in Google's early days.
Sometimes it's not about the GUI. I don't care about it nearly as much as the accuracy of the search results.
Had Microsoft used the exact same interface, but made each flight/ticket/price box in a 2-box-wide grid instead of a stack or something stupidly small, it wouldn't be an issue at all. Put Priceline's filters on the left instead of the right, and you have almost the exact same UI yet again. The ads on the right are specific to all bing searches, so they don't even count. (To an extent, the filters/related/etc. box [context sensitive box?] on the left changes per search, but it's throughout bing as well).
Also, according to wikipedia, kayak.com was founded in 2004. Live Farecast started in 2007, and it had this UI.
Why did they say nothing for 2 years? I never used them, so can anyone confirm they even always used this UI?
I think every website that has someone else coming out with a similar layout and object placement should sue. It's not like the courts have better things to do.
Kayak, is getting their moment in the spotlight. If their service is good, then they might stay there.
- by rusrom September 8, 2009 12:18 PM PDT
- All logical, studied, right-brained roads lead to this design, so both of them arrived at the same place--a very dull place. From the boxing of similar information to easing comoforot level and eye strain with grey-blues, these are just both the uninspired rendering of the state-of-the-lowest-common-denominator art in website 101 today. Bing didn't copy Kayak. There's not enough of interest there to bother copying. They both got to the same place by taking the most boring path of least resistance to resolving the same design problem. To presume, or even lend credibility, to claims that Microsoft copied Kayak is to give faaaaar too much credit to the design they're in dispute over. At best they both solved the same problem in the same way, both providing absolutely nothing new, interesting, or engaging to the language of design. Much ado about nothing!
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