Company says my site is the same as theirs.

My site is: www.Searchchief.info
Their Site: www.Searchchief.co.uk

My site uses a totally different script to theirs.

Any advice?

 

It certainly looks to me like you copied their site. The name is lame enough that I find it hard to believe two different entities came up with it completely independently. I would guess that most courts would see it the same way I do. Choose a new name and they don't have much case left.

 

If you love your site and want to fight for it, then you can do it. But if you want a peaceful life its better to change your site more beautiful than now. Hope there's a program where you can check whos the first website or not

 

may be because of the domain name, is their domain a registered trademark?

 

Maybe they are just pissed because some affilistore sites looks more professional and better than theirs. Other than the domain name I do not see what they can complain about. The name sucks, so I cant imagine you really care that much.

 

They are taking legal actions after i had taken the website offline? What should i do?

 

Look for a free legal clinic (maybe at a law school). If you took the site offline in response to their complaints, then I don't think they have much of a case. You are not doing any damage to them.

 

I disagree, by taking the site down you are basically admitting guilt. All they need to prove is that your site was taking visitors away from theirs due to confusion. Since you took the site down after they asked, you pretty much validated to them that you know you were in the wrong.

 

That's ridiculous. By taking the site down you are saying that you didn't find it to be worth the hassle to listen to their whining and threats.

Guilt in this case is a question of fact, not a question of state-of-mind.

 

So you're saying "You're damned if you do, you're damned if you don't"?

That seems utterly stupid to me. It's called a cease and desist, which you are given a time period to remove any content that is supposedly damaging. If you don't take it down, legal action is likely to take place. If you do take it down, then there's no case.

If they take you to court, then your defence will be incredibly easy.
You didn't intend to lure away users from their site, and you in no way meant damages. It was a coincidence in the name, and as soon as legal threat arose you promptly took action and removed the damaging material.
The company provided no information of a time frame but you took your site down immediately after you felt that some sort of legal action could ensue - What did they want you to do if not remove the site?

 

Taking the site down does not absolve you of any previous wrong doing. If he was misleading visitors into thinking these are the same sites and earned any money as a result of this they are entitled to damages. Immediately taking the site down, instead of fighting if he believes he was not in the wrong, is similar to pleading guilty to a crime you did not commit. If you felt you've done nothing wrong, why comply with their requests? Taking the content down only protects him from further violations and does not clear him of previous wrong doing. In most cases the company will just let it go after you comply with a C&D but they certainly have the right to sue for damages that were felt prior to the C&D being issued.

 

It is nothing of the sort. You are drawing an inference that is not correct. There are many reasons, as others have stated, to comply with a cease and desist even if you believe you are fully within your rights. First off, many people and companies make decision like these on pure economics. I certainly would not spend thousands of dollars to fight for an $8 domain name even if I was 100% in the right to use it. Also, many people just seek to avoid confrontation, especially when there is little money at stake.

 

I agree with browntwn.

They have no reason to complain other than the fact that they are jealous.

 

True. I doubt they'll 100% go through with it. It wouldnt be worth it.