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I need major advice. Attorneys welcome.

MyDiamondSparkles

Brilliant_Rock
Joined
Nov 22, 2010
Messages
525
I hardly ever cry, but today I sobbed---uncontrollably sobbed. :((

I could use your advice and maybe even some legal thoughts on what my options are.

I spent over a year designing my new website. I hired three graphic artists as well as one of the best web designers in the country. It was important to me to get it right, choose the right colors, send the right message and for the flow from adding items to your shopping cart to the check out page to be a smooth transition. I polled customers on what they wanted, I did in depth studies as to what colors evoked what feelings. We had over 265 (Yes, two hundred and sixty five!) variations on how the front page would be layed out---yes, I was that picky. I know some people thought I was being way too picky, but I poured my entire heart and soul into this website because it was important to me to have something totally different than my competitors. The website cost around $25-30k to build--which is unheard of in my industry. Most people only spend max $3k and that is deemed a lot.

My new website opened about a year ago and I LOVE it. I am thrilled with the way it turned out and so glad I put the extra time into it.

Today one of my competitors announced that she was having a Grande Opening of her newly redesigned website. To my total shock her web designer copied my website almost VERBATIM. Basically the exact same design with a different color and a few minor changes. :shock: :((

This design is mine and I don't want anyone else to use it or even part of it. What can I do? What should I do? What would an attorney tell me to do?

As a side note: If you've never had the opportunity to build a website I imagine this might be a lot like hiring an architect to build you dream home and then supervising the entire build from the ground up. Then the neighbor across the street hires his own architect and builds the exact same house. :nono:
 
I'm not sure what your rights are exactly, but you can start reading about a 1/3 of the way down on this page: http://sbinfocanada.about.com/cs/legalmatters/a/websitetheftjb_2.htm

I'm also extremely sorry! This must be very frustrating. Of course in the example you gave about the house, there is absolutely nothing that can be done in an instance like that. I'm not sure if website design is any different.

ETA: Oops, I just realized that the link I posted is about Canadian law...
 
You can prove it's your design and had it earlier. Do you have a copyright notice at the bottom of your site? Sites like the Way Back archive show when designs changed.
http://archive.org/web/web.php

I had the exact same thing happen and confronted the person. Told them to take it down and they changed it. Someone else may be able to weigh in on the legal options if the person doesn't do it.
 
Thanks sonnyjane. Yes, so frustrating! Thanks for the link, I'll read thru it anyways and perhaps look for a link to one the pertains to US laws. I did forget to mention I am in the US.

Web diva, thank you. Yes I can prove is my design and I can even proove she emailed me asking for the name of my web designer. My web designer doesn't do competing web sites, so I informed her of that, gave her a lot of tips for finding someone and left it at that. It proves you just can't be nice these days. :roll: I decided to wait to contact my attorney for a few days, just to calm down a bit. I noticed last night that she even copied parts of my logo. I mean seriously, who does this stuff??? :nono:
 
The logo alone is a big deal because she's trying to infringe on your brand mark and confuse the marketplace which is enough for you to win a case I would think, let alone copying your website.
 
Hi,

I think I can help you in this area.
Firstly you have to contact the site owner to inform them of the copy right issue. Usually this is a waste of time.

Next you should contact their host with a DMCA notice. You will need to have all the proof before you contact their host and Google, etc.
You can find DMCA templates here: http://www.tareeinternet.com/forum/seo/263-dmca-template.html
Send one to Google, ISP/Host, MSN, Yahoo. I will do this even before notifying them so that they get delisted.
If they are not in US or a country which obey by international law, getting them delisted will really hurt them.
We had a russian hacker copied our website doing credit card fraud. Got them delisted and everything went away.
They don't even need to know.

If you don't know how to find out who their host is send me a PM with their domain and I will find their host and DC for you.

Hope this helps.
Found my perfect engagement ring thanks to this forum so trying to give back! :devil:

Steve
 
steve-112233|1352972582|3307037 said:
Hi,

I think I can help you in this area.
Firstly you have to contact the site owner to inform them of the copy right issue. Usually this is a waste of time.

Next you should contact their host with a DMCA notice. You will need to have all the proof before you contact their host and Google, etc.
You can find DMCA templates here: http://www.tareeinternet.com/forum/seo/263-dmca-template.html
Send one to Google, ISP/Host, MSN, Yahoo. I will do this even before notifying them so that they get delisted.
If they are not in US or a country which obey by international law, getting them delisted will really hurt them.
We had a russian hacker copied our website doing credit card fraud. Got them delisted and everything went away.
They don't even need to know.

If you don't know how to find out who their host is send me a PM with their domain and I will find their host and DC for you.

Hope this helps.
Found my perfect engagement ring thanks to this forum so trying to give back! :devil:

Steve

It never fails to amaze me how varied PSers are! It's lovely to see you using your expertise to help out, Steve. :bigsmile:
 
Contact an intellectual property attorney who specializes in copyrights/trademarks. Do not go to someone who's never touched this subject matter. Pursuing this yourself would probably not be the best way to go about it. Also check your agreement with the web designer and see if it states anything about who owns the rights to the final product.
 
JustGinger, I was thinking the same thing! Yesterday, PSers are trying to help me figure out why my dog is stinky and today they're helping with copyright infringement. What a great bunch!

MyDiamondSparkles, I've got no advice but can only imagine how violated you feel. I hope this gets resolved quickly.
 
justginger|1352977479|3307063 said:
steve-112233|1352972582|3307037 said:
Hi,

I think I can help you in this area.
Firstly you have to contact the site owner to inform them of the copy right issue. Usually this is a waste of time.

Next you should contact their host with a DMCA notice. You will need to have all the proof before you contact their host and Google, etc.
You can find DMCA templates here: http://www.tareeinternet.com/forum/seo/263-dmca-template.html
Send one to Google, ISP/Host, MSN, Yahoo. I will do this even before notifying them so that they get delisted.
If they are not in US or a country which obey by international law, getting them delisted will really hurt them.
We had a russian hacker copied our website doing credit card fraud. Got them delisted and everything went away.
They don't even need to know.

If you don't know how to find out who their host is send me a PM with their domain and I will find their host and DC for you.

Hope this helps.
Found my perfect engagement ring thanks to this forum so trying to give back! :devil:

Steve

It never fails to amaze me how varied PSers are! It's lovely to see you using your expertise to help out, Steve. :bigsmile:

Ditto, so awesome!
 
I'm so sorry for the delay everyone....on top of all this my daughter has not been feeling well and it turns out it many be more serious than we ever thought. :errrr: We're heading to another Dr on Friday and hoping for some good news. It makes the website issue not seem so important as it did. Nothing like the health of your child to put the right perspective on life.

ame: The logo thing really bothers me. Two people who know both the offending website owner as well as me said that over the course of three years, this woman's whole demeanor has changed. It's almost like she found my website, signed up for my newsletters (she did) and stalks me on Facebook (she does) and set out to become me. Her newsletters often sound like mine---it's hard to explain, I just have a certain way I speak to my customers and now she says exactly what I say. I honestly feel like this woman is trying to eat my identity if that makes sense. It's just the creepiest feeling. :nono: The other day I was speaking with a magazine editor and she said, oh you must have been talking to so and so because she said the exact same thing. And I said I have never talked to so and so. (and then said to myself--she said what I said because she read it on my Facebook page). CREEPY! :shock:

Steve-112233: What a nice gesture. The folks here help so many others--and as you can see with dog smell problems, copyright infringements and yes, even those diamond purchases. I am truly honored to be here. My web designer was so livid that he looked up the hosting company. I'm not sure what as DC is? Is that Domain carrier?

justginger I totally agree! What a great group we have here! :)

ascari_2 Yes indeed! My attorney specializes in real property rights with a secondary in intellectual property rights. I usually call him first then if I need additional help he refers me to the intellectual specialist. I had planned to phone him today but I know he does closings on Thursdays, then Friday is out because of my daughter so I will speak with him on Monday. It will give me time to collect my thoughts and cool down a bit.

puppmom I'm so sorry about your stinky pup! Until you figure out the problem have you tried any of those deodorant sprays made for dogs? I love the baby powder smelling one----I take it to the vet with me for a tushy spray after the anal glands routine. :mrgreen: If it can cover *that* smell it can cover anything---at least until you figure out what the problem is. The one I have is Fresh 'n Clean Cologne Spray Baby Powder Scent---made by Lambert Kay www.LambertKay.com

thing2of2 Steve is awesome indeed!
 
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