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BlueNile - Massive Copyright Infringement - WWYD?

Trekkie

Brilliant_Rock
Joined
Apr 21, 2010
Messages
1,299
While randomly looking for diamond p*rn earlier today I stumbled across a website that is pretty much a 90% replica of bluenile.com, but based in my country. Not only is the site's layout eerily similar, even the pictures are 100% the same, even those of the higher end Colin Cowie etc designer settings.





At first I was really excited! I thought perhaps they were a BlueNile agent or even a drop shipper. Nope! A livechat with a service agent revealed that they manufacture all their settings themselves... With the help of BlueNile's photos. And sell them of course, with the help of BlueNile's photos.

When I called out the service agent about what I feel amounts to theft, she accused me of defamation and threatened me with legal action! I happily gave her my contact details and told her she's welcome to sic her lawyers on me. :lol:

They have since blocked my IP but I managed to get the screenshot using my colleague's computer.

So. What would you do?

Email BlueNile's head of legal with a link to this website? Or just laugh it off - after all, nearly everyone copies from just about everyone in this business?

rosh_or_krevi.png

trevi.jpg
 

PintoBean

Ideal_Rock
Premium
Joined
Jul 27, 2011
Messages
6,382
I think that just by starting this thread you have alerted BN.

I can't believe how blatantly they are ripping off the BN site! :shock:
 

telephone89

Ideal_Rock
Premium
Joined
Aug 29, 2014
Messages
3,825
Eh I don't see an issue with emailing BN the link to the website. If they want to do anything that would be their decision.
 

Marquise_Madness

Shiny_Rock
Joined
Feb 28, 2016
Messages
292
I'd email bluenile. I saw a Heidi Gibson ripoff on etsy and I emailed her and she was aware but she thanked me. It's good to let them know.


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ruby59

Ideal_Rock
Joined
Feb 5, 2004
Messages
3,553
It happens on ebay all the time where sellers blatantly rip off pictures from some of the tradespeople who post here.

I just email them a copy of it to make them aware and then let them handle it as their own discretion.
 

Rockdiamond

Ideal_Rock
Trade
Joined
Jan 7, 2009
Messages
8,183
Trekkie- If you ask any website designer to come up with a diamond selling site, many will look just like others you see.
I know this from experience:)

Some aspects of a design are not really protect-able.

It's possible the photos are the same because they are supplied by the manufacturer.....

Nice that you are looking out though!!
 

ruby59

Ideal_Rock
Joined
Feb 5, 2004
Messages
3,553
Not only is the site's layout eerily similar, even the pictures are 100% the same,
___________________________________________

I can understand about the similarities of the sites, but they are using Blue Nile's photos?
 

Trekkie

Brilliant_Rock
Joined
Apr 21, 2010
Messages
1,299
Rockdiamond said:
Trekkie- If you ask any website designer to come up with a diamond selling site, many will look just like others you see.
I know this from experience:)

Some aspects of a design are not really protect-able.

It's possible the photos are the same because they are supplied by the manufacturer.....

Nice that you are looking out though!!
It is very interesting that you of all people commented :lol: I can't tell you how many times I've recognised your pictures on our version of eBay or Craigslist, or even how many times people have insisted your pictures are their own. :roll:

They're not agent for BN and claim to manufacture all their settings themselves, and when I asked why they used BN's pictures they were quite nonchalant about it, saying everyone in the industry uses everyone else's pictures as a matter of course.

BlueNile's terms and conditions say something entirely different:

Site Content
The Site and all content and other materials, including, without limitation, the Blue Nile logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Blue Nile or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.


I think there's a huge difference between having a site that's similar to another site because they both happen to sell jewellery, and a business selling jewellery (which they claim to manufacture themselves) by using another business's photos, particularly if they don't have the permission of the business they're lifting the images from.

But I don't know. :confused: Maybe this is all normal?



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Trekkie

Brilliant_Rock
Joined
Apr 21, 2010
Messages
1,299
ruby59 said:
Not only is the site's layout eerily similar, even the pictures are 100% the same,
___________________________________________

I can understand about the similarities of the sites, but they are using Blue Nile's photos?
Yup, I think I only saw one photo that wasn't obviously a BlueNile photo.


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Trekkie

Brilliant_Rock
Joined
Apr 21, 2010
Messages
1,299
Thank you everyone for your responses.

I emailed BlueNile's head of legal, but I can imagine she receives thousands of unsolicited emails a day, so there's a good chance mine ended up in her spam folder.

Anyway, whether she received it or not, I pointed it out to them, so at least now I feel less like a crime scene gawker. What happens now is up to them. :))


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Rockdiamond

Ideal_Rock
Trade
Joined
Jan 7, 2009
Messages
8,183
Trekkie,
If the pictures are stolen, as mine frequently are, that's clearly wrong.
It's an important distinction IMO- if a seller is willing to steal pictures, they are clearly not above misrepresentation- and who knows what else.

But speaking in a hypothetical sense ( not specifically about the companies you initially mentioned)- there are cases of a manufacturer providing pictures, which may be published by a number of sellers - which would not be image theft.
 

Lady_Disdain

Ideal_Rock
Trade
Joined
Jul 25, 2008
Messages
3,988
That is my concern as well, since Blue Nile is a distributor. I would be actually surprised if they were doing all the photography in their website, specially with the generic white background.
 
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