The answer depends.  Is the layout design of a website protected by copyright laws? This is the question the judge in Sartor v. Walters, 2006 WL 3497856 (W.D. LA.) is facing.

A few years ago, a federal court ruled that the distinctive layout of a magazine cover is entitled to copyright protection as a graphic work. But last year, another court ruled that the layout of video game controls is not protected. So is the layout of a website page more like a “magazine cover” or more like “video game controls”. If the website is considered a magazine cover, then the layout is protected by copyright laws. If a website is considered a video game control, then the layout is not protected. This case is still pending and the answer remains to be seen.  

Until this issue is resolved, to avoid future litigation, I suggest that as a business owner, you only use royalty-free website design templates, or design an original layout that does not resemble another website.

For more information, read The Patry Copyright Blog: Layout Claims