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Old 08-08-2007, 11:02   #1 (permalink)
reub77
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Website I built being infringed upon

I built a website 2 years ago for my wife. I recently noticed a website in the UK that has flagrantly stolen things from it. A banner, the company name, all sorts of images, and text from my site. I'm really not happy about it but am not sure what kind of action to take yet. There may be other things stolen too, I've only had a glance so far. Any suggestions as to what I should do?

Does anybody have any fancy lawyer text that I can email them or mail them. I'm not looking for a cash grab (but i wouldn't turn it down) i'm simply hoping that the stuff I built will be removed. Any suggestions?

Reuben

Last edited by reub77 : 27-08-2007 at 16:53.
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Old 08-08-2007, 11:32   #2 (permalink)
emecks
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hmm, I'd start by writing them an email, telling them that what they have done is not sitting well with you.
I think international copyrights are probably a little complex though...
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Old 08-08-2007, 11:35   #3 (permalink)
Anxious
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There's some blatant ripping off going on in their site!

Obvious question, but have you contacted them about it yet? You didn't mention it in the post.

One email to scare them might do the trick.
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Old 08-08-2007, 11:37   #4 (permalink)
reub77
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my first thoughts were to scare them into removing them. i've experienced my fare share of image companies coming after me for pictures i purchased! They are seeking to scare you into removing and paying up. this is my first experience with this kind of theft i'd like to handle it with a solid response. i don't want to give them the impression in the least that i am small and inexperienced.
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Old 08-08-2007, 11:48   #5 (permalink)
Do Gooder
                         
 
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I would write them a short confident email.. something like:

I have to say that we are flattered that you like what we are doing so much... but you need to forge your own path.

We are uncomfortable with what you are doing and if you do not desist we will be taking legal action against you swiftly.



.... worked for us. :-)
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Old 08-08-2007, 11:48   #6 (permalink)
emecks
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I wouldn't go in with guns blazing.

Be firm yet polite, don't ask but tell them what will happen.

Something like:

Dear (insert name gleaned from whois records)

I am the designer and builder of kozykidz.ca, the website from which a
large number of the images appearing on kozykidz.co.uk originate. As
there was no consent on my part this constitutes an infringement on
my intellectual property.

Whilst it is in both of our best interests to settle this amicably please do
be aware that I always take whichever steps are necessary to protect my
intellectual property.

To this end I ask that you remove all images which you have appropriated
from the site immediately.

Furthermore the usage of the selfsame trading name is an infringement under
Canadian law, I shall be checking with my lawyer whether this extends beyond my countries borders too.

yours.......
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Old 08-08-2007, 11:51   #7 (permalink)
Do Gooder
                         
 
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emecks letter is better.
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Old 08-08-2007, 11:52   #8 (permalink)
steveb
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beyond my country's borders
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Old 08-08-2007, 11:54   #9 (permalink)
reub77
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I just sent them a note:

I have noticed that your site has copied many things from my site in which has been live for over 2 years. First and foremost the company name, secondly you used a banner in which was copied directly from my site (links page), and lastly I have noticed flagrant copying of copyrighted content. Please remove the offending material within 5 days or you will be hearing from our lawyers.

Thank you,
Reuben
Web Designer


I hope it works!!! I like yours too emecks but i sent this already so its too late. I thought i was sorta polite. In a gunsa blazing kinda way.

Last edited by reub77 : 27-08-2007 at 16:54.
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Old 08-08-2007, 11:57   #10 (permalink)
Dusteh
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Reporting the site to their ISP could produce quick results.
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Old 08-08-2007, 11:59   #11 (permalink)
reub77
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really ... ? Maybe i'll look into that? But maybe i should wait for a reply now that I've sent something??
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Old 08-08-2007, 12:03   #12 (permalink)
Anxious
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I'd wait for a reply first. If they get back to you with any snash, report it to their ISP.

ETA: 'snash' = cheek
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Old 08-08-2007, 13:20   #13 (permalink)
reub77
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to get their ISP you look at the whois info right? What would i be looking for on there? i see mailing addresses, namserver info, and registrant.
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Old 08-08-2007, 13:59   #14 (permalink)
RaelRode
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Usually the nameservers would be that of their hosts, unless they have their own server.
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Old 08-08-2007, 14:06   #15 (permalink)
CptScarlet
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I think sending them an email was the right thing to do.

Chances are the designer who made their site typed in to google the name of their company and got your site from the results and pinched your banner, from the looks of it they just have a compressed screenprint of yours :s

Keep us updated
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Old 08-08-2007, 14:15   #16 (permalink)
iWonder
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They changed it ? I just saw and both yours and their site don't match, its some PSD to html via photoshop like website now, even text are images there.
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Old 08-08-2007, 14:18   #17 (permalink)
RaelRode
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No they haven't changed it.
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Old 08-08-2007, 14:31   #18 (permalink)
reub77
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i still haven't heard anything from the kozykidz UK website yet. It was nice of them to have a complaints section though! Ha ha. I'll contact the host if they respond with cheek.

Last edited by reub77 : 27-08-2007 at 16:54.
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Old 08-08-2007, 14:33   #19 (permalink)
Dusteh
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I meant host not ISP... had a blonde moment there.
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Old 09-08-2007, 04:09   #20 (permalink)
cjgraphix
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Quote:
Originally Posted by reub77
I found their Host: heartinternet.co.uk/contact.shtml

i still haven't heard anything from the kozykidz UK website yet. It was nice of them to have a complaints section though! Ha ha. I'll contact the host if they respond with cheek.

Contact the host company immediately. I will just about guarantee that in their terms of service they have a policy about copyrighted material. This happened to me just a few weeks ago, and with one email to the host company the offending files were removed, and now the offending site has also been removed from the host company servers.

Generally Speaking though...
A quick brief email to them directly. (just as you have done, but next time it's 24 - 72 hours, not 5 days.) This is then followed by a more official "cease and desist" email + mailed letter. After that, it's got to go to the lawyers. Remember that it is up to YOU to prove that they stole those images from you, and what (if any) damages ($$$) they may have caused.
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