Patent / Copyrights infringement

Discussion in 'Legal Issues' started by lowridertj, Aug 6, 2007.

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  1. #1
    I have a site that I cloned another site of. They are claiming that I am infringing upon there trademark and copyrights.

    If I built the site from scratch, layout, graphics, etc and do not reference to them in anyway shape or form can I be held upon infringing there copyrights or trademarks?

    TJ
     
    lowridertj, Aug 6, 2007 IP
  2. Jose Antas

    Jose Antas Peon

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    #2
    What did you actually cloned? Your own website? Your writing is confusing. If you didn't copy anything from anyone then you should have no problems at all.
     
    Jose Antas, Aug 6, 2007 IP
  3. AstarothSolutions

    AstarothSolutions Peon

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    #3
    A copy of the two links would be helpful.

    Not sure how you can "clone" a site and then say nothing is the same.
     
    AstarothSolutions, Aug 6, 2007 IP
  4. lowridertj

    lowridertj Well-Known Member

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    #4

    Very easily. Cloning as in making my own layout to look similar without taking there html layout code.

    making my php scripts function the exact same without steal there coding or database information.

    site links
    pimp*ar.com (where * is replace with w)

    and my site pimp**187.com (where ** is replace with in)

    TJ
     
    lowridertj, Aug 6, 2007 IP
  5. AstarothSolutions

    AstarothSolutions Peon

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    #5
    Copying is the issue, not stealing the code. If the two look similar you can breach someones copyright even if you have recreated it or be guilty of "passing off" (ie people could mistake the two as being associated by common look and feel/ names etc).

    Unfortunately the sites hit the websense filters so I cannot view them from this network to see just how similar they are.
     
    AstarothSolutions, Aug 7, 2007 IP
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  6. Nathan Enns

    Nathan Enns Active Member

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    #6
    Copyrights and trademarks are different. If someone uses a name that is confusingly similar to your name to provide the same service that person is probably infringing your trademark rights. If someone takes the entire content and/or design of your site they are probably violating your copyright.

    Neither the name of the two sites nor the content of the two sites looks similar to me.

    As far as programming code goes, all you probably have to worry about is violating someone else's patent. Might want to search the uspto for "pimpin PHP code", lol.

    -- Nathan Enns
     
    Nathan Enns, Aug 7, 2007 IP
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  7. lowridertj

    lowridertj Well-Known Member

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    #7
    thank you everyone for your input.
     
    lowridertj, Aug 7, 2007 IP
  8. Nathan Enns

    Nathan Enns Active Member

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    #8
    You are welcome!

    Did any of it help?

    -- Nathan Enns
     
    Nathan Enns, Aug 7, 2007 IP
  9. lowridertj

    lowridertj Well-Known Member

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    #9
    yes rep added
     
    lowridertj, Aug 7, 2007 IP
  10. Nathan Enns

    Nathan Enns Active Member

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    #10
    Thanks for the rep, glad I could help!

    -- Nathan Enns
     
    Nathan Enns, Aug 8, 2007 IP
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