We've been copied

[strategicrankings]

We are a small 2 man company based offshore and our website exists for some 2 years now.

A few weeks ago it happens that one of the big guys in web development in the USA released a new version of their website.

It also happens that they have somewhat "copied" our website design concept (colour scheme, logo style, link style, background, image illustration) to some extent that looks quite obvious.

Is there a way or a place where i can get more information about these type of situation and whether there is any mean to address this problem. We have been online for more than 2 years now with the same website design and the above mentioned company just redesigned their website, so there is proof that our designed existed before theirs.

Can anyone help me in any direction?

Thanks a lot.

[phaithful]

From what I know... unless they explcitly "ripped" your site... where they are using the graphics that you created... there's really not much you can do about it.

Typically you can contact their hosting provider and show proof. You might be able to BS the DMCA card and have them take it down.

But I've seen many sites that are similar to one another in one aspect or another... it's hard to say if it's simply inspiration or a true rip.

Good luck with that... it's going to be a toughy....

[strategicrankings]

Hi phaithful,

thanks for your reply and advice.

actually no, they didn't rip our website copying each image file etc maybe that would have seemed to cheap for them to do, no, worst they ripped the concept we created.

These guys are members of the famous organisation deciding where the internet should go, they have a "distinguished client list of market-leading Fortune 500 businesses ". So how can't they develop their own concept but copied that of a few thousand dollar company lost somewhere offshore on a unknown territory.

Just ping me if you wish to take a look at the obvious list of similarities between our 2 websites.
Thanks

[vipjun]

I don't see anything that is remarkably different from other SEO services sites.
If you didn't trademark / patent anything it be pretty hard.

[fathom]

I don't see anything that is remarkably different from other SEO services sites.
If you didn't trademark / patent anything it be pretty hard.

Ya agree... the "IDEA" is worthless without registered trademarks.

Copyrights only applies to where they have taken your works and reused them verbatim or altered the original in some way and used.

Even if you wished to take the legal route and applied for Trademarks - a Cease & Desist Order can be applied, unfortunately, if I understand correctly you are in a different country [or company is] doing business offshore... thus legally you would be hard pressed to get around "fair use laws".

[strategicrankings]

Hi fathom,

thanks for the reply.

yes the different territory is a major issue, the trademarks issue is not actually one for us since we work closely with a trademark registration company and we have already contacted them on the particular question and we could say that on that side we have some grounds.

Anyway we have also contacted an attorney and done some homework with respect to DMCA which does cater for the different territory question and the trademark too.

Things are still at a very preliminary stage since we discovered the "problem" this week.

Small, few bucks companies copying/cloning big guys concept is so common those days, but big guys with deep pockets copying the smaller guys ideas is something that our state of mind has never forecasted to accommodate.

Your valueable advice are most welcome and we will keep you updated anytime we have something new.

Thanks

[fathom]

Hi fathom,

thanks for the reply.

yes the different territory is a major issue, the trademarks issue is not actually one for us since we work closely with a trademark registration company and we have already contacted them on the particular question and we could say that on that side we have some grounds.

Anyway we have also contacted an attorney and done some homework with respect to DMCA which does cater for the different territory question and the trademark too.

Things are still at a very preliminary stage since we discovered the "problem" this week.

Small, few bucks companies copying/cloning big guys concept is so common those days, but big guys with deep pockets copying the smaller guys ideas is something that our state of mind has never forecasted to accommodate.

Your valueable advice are most welcome and we will keep you updated anytime we have something new.

Thanks

On that note: DMCA via MSN, YAHOO, and particularily Google may be the way to go. Generally, easy to do and costs nothing.

[Not stating this factually - more for illustration] The search engines are not overly concerned about your rights being infringed on - but more towards protecting themselves from legal action [e.g. coercion - due to the fact that they "display the potential infringing material" after notification] They don't have a choice but to remove simply because they have no clue who owns what and whether it's a claim or a counterclaim is valid - one is likely in the wrong - so they are caught in the middle].

Filing a complaint will have MSN/Yahoo remove immediately - but more importantly Google forwarding notice of a complaint to the company and chillingeffects.org which is a public record... the company has little choice but to act on... which is:

1. remove, or

2. file a counterclaim

Often [when they know they are in the wrong] #1 occurs... which is really all you wish to have happen [seriously you don't wish a long court battle where the discussion may not go your way] thus all costs on your dime.

If however, on filing a counterclaim you have 14 days to file court action [ thereafter since the search engines have obeyed DMCA themselves they can reinstate the website without any potential legal action on them] you may or may not need to file - that's up to you. Course if you don't, there is the risk that the other party may decide to sue you for lost revenue, punitive damages, etc. so be sure if you "call a buff" that you are in a position to back yourself up if they decide to -- well "call you out".

<added>as this applies to "search" -- think image archives.</added>