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Someone is mimicing my site, with a similar URL

Discussion in 'Legal Issues' started by Grit., Apr 30, 2009.

  1. #1
    I own gamingforumz.co.uk, since the domain was just being parked for a long time, and i've established a forum, that has been there for over a year. My second admin decided to branch off and make Wiidebate, and as he left, he was made aware he'd be losing any affiliation with gamingforumz. Recently he has aquired gamingforumz.com, and is using the database of wiidebate.com on it. This will be creating a site that is offering the same services etc (earning free prizes for posting) on the same niche, with the same name.

    Would i be able to serve a DMCA? And what other forms of action am i able to take? He has only recently developed the site, to include his database from wiidebate.

    Thanks in advance

    Grit.
     
    Grit., Apr 30, 2009 IP
    bogart likes this.
  2. mjewel

    mjewel Prominent Member

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    #2
    A DMCA is for copyright infringement claims (he stole your actual content) not for domain name issues (trademarks). There can be severe penalties for filing a false DMCA and it doesn't sound like that is something you have cause to do. As far as trademark infringement, I don't think you have any claim - imo the name is generic and descriptive. Even if you had a claim, you would need to hire an attorney and the legal costs would be very, very expensive.
     
    mjewel, May 1, 2009 IP
  3. marcel

    marcel Well-Known Member

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    #3
    Is this your thread: http://www.gamingforumz.com/showthread.php?goto=newpost&t=1728

    I think your concern is petty and pointless. Are you Jealous ? Why didn't you get the .com too ?

    IMO, British copyright laws suck. Anyway, I don't think you have much to worry about. Keep promoting your site. His will dominate the US market. Yours will can dominate the UK market. You will end of promoting each other anyway. Like it or not.

    What would you do with the .com ? Horde it ? Too late now. Why not collaborate and exchange links and beat the rest of the competition ?
     
    marcel, May 1, 2009 IP
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  4. dmvictoria

    dmvictoria Well-Known Member

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    #4
    Yes, better to be the better webmaster in this circumstance and just make your site the best damn site in your niche.

    That was a crappy thing for him to do, but there's not much you can do. Besides there are many other opportunities out there.
     
    dmvictoria, May 1, 2009 IP
  5. AlbertMARKET

    AlbertMARKET Peon

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    #5
    You should have paid the extra worth and paid for the other domain names to keep from losing customers.

    I'm sure there will be many who will be accidentally typing .com, because it is a common domain ending.
     
    AlbertMARKET, May 1, 2009 IP
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  6. froNau

    froNau Peon

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    #6
    You just cant do nothin' to that site. Just keep your site up and try beat with them.
     
    froNau, May 1, 2009 IP
  7. sweeks

    sweeks Member

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    #7
    I dont think there is anything you can do in this situation, he bought the domain and aslong as he isnt stealing your content etc I dont think it is illegal.
     
    sweeks, May 2, 2009 IP
  8. Kunalbhatia

    Kunalbhatia Active Member

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    #8
    You should have gone in for one of those facilities by domain providers wherein you pay in advance and they'll promptly renew your domain registration for another x number of years depending on how much you paid.

    There isn't anything you can do here.
     
    Kunalbhatia, May 2, 2009 IP
  9. hmansfield

    hmansfield Guest

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    #9
    Unfortunately it's a "Dog eat Dog" world and competition is a fact of doing business, I agree, you should have registered, or back ordered the other domain, especially in such a heavily saturated niche.

    Lesson learned.
    The only thing you can do is join him and dominate the niche, or out SEO him and keep him below you in the serps.
     
    hmansfield, May 2, 2009 IP
  10. apr1515

    apr1515 Active Member

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    #10
    thanks for your advices hehehe
     
    apr1515, May 3, 2009 IP
  11. marcel

    marcel Well-Known Member

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    #11
    Actually the worst thing you could do is concentrate on this guy. Turn your attention to the best in the industry and try to beat them instead.

    Besides his website does not even look like yours...
     
    marcel, May 3, 2009 IP
  12. bogart

    bogart Notable Member

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    #12
    1) Don't make threats of legal action unless you have researched your rights and are ready to respond legally.
    2) Put the domain on a .co.uk with owning the .com was a mistake. It's too late now to do anything about the domain. Concentrate on branding your site, create a logo and banner which you copyright.

    The money and time that you spend on this guy would be better spent on increasing your web presense.

    It doesn't seem like the Wiidebate was too successful or he wouldn't have bothered with the gamingforumz.com
     
    bogart, May 3, 2009 IP
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  13. david17589

    david17589 Peon

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    #13
    Yes I agree with Marcel, concentrate on your site and make it the best. Be the bigger man because unfortunately there isn't much you can do legally. Good luck.
     
    david17589, May 3, 2009 IP
  14. shadowgold

    shadowgold Active Member

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    #14
    Buy him a beer! And make friends with him and run a co-operated venture business.
     
    shadowgold, May 3, 2009 IP
  15. 99seo

    99seo Peon

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    #15
    Iyt is always advised to buy a facilities by domain providers
     
    99seo, May 3, 2009 IP
  16. D'Godown

    D'Godown Well-Known Member

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    #16
    its an open market buddy. this is very normal.
     
    D'Godown, May 3, 2009 IP
  17. marcel

    marcel Well-Known Member

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    #17
    Remember when Amazon came out. Everyone thought Amazon was a competitor of Barns and Nobles....

    Where is Barnes and Nobles now ? lol

    Amazon focused on becoming a monster. And it is a Huge Monster now. Barnes and Nobles is still just a book store.
     
    marcel, May 8, 2009 IP
  18. lincomedia

    lincomedia Peon

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    #18
    Good advice from hmansfield.
    Shred the serps if you can.
     
    lincomedia, May 8, 2009 IP
  19. advertspot

    advertspot Peon

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    #19
    This is legal because they are two dictionary words that are not copyrighted. Therefore, hes allowed to do whatever he likes!
     
    advertspot, May 8, 2009 IP
  20. mjewel

    mjewel Prominent Member

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    #20

    Idiots like yourself should not post any advice in the legal section - it's against my law.
     
    mjewel, May 8, 2009 IP