I found a site that is copying our stuff (second site now). The first one wasn't really bad, so I sent a cease and desist email and the owner complied. Now, this second site went beyond the just a little copying and hot-linking. This person (apparently an LLC) has gone way too far, and now I think it's time for some legal action. I have a bundle of materials (screenshots, prints, publications, etc.), more than enough to prove everything. I've been looking around to possibly hire a copyright lawyer simply because I feel a cease and desist alone will not satisfy the damage, still being done. This person/company copied: Images Meta tags Our mission statement (home page text) More images Exact page copies (including home and sign in) All my unique ideas and features (menu is there... but all "coming soon" on their site) Even used my own hand-written press release word for word, and distributed the press release on the same network. I mean, title, subject, and body. Only changing the domain. Mine was released last year Dec., and his less than 2 months ago. Both sites are dating related... but mine is much more different and unique. But the damage is... this person used our words in the press release, their site, and even in their marketing. So, our words are flying around with their image. The main problem being... the other site is a gay only site, which is what I/we feel is causing the most damage. Besides that... we're pissed off about it. We run a sweet, and growing social/dating site... very unique. They run a gay, gay-only site. So... I wanted to know if anyone had any experience in seeking damages, not just sending a cease and desist. I'm all ears, and would appreciate any info on it. (we is my partner and I) Thanks ahead. Cheers
Hi, I can do that, however, I won't display the info in the thread. Can't make the identities public. Do you have experience or info that would help? Everything I wrote is true. No exaggerations... So, seeing what I've mentioned can't make too much of a difference. I just don't want to mess anything up. Thanks
Well I totally agree, but I believe that would do more bad than good. No matter how much I would like to. Trust me... when I first found out, I almost plastered it on our home page like: "todays top copycat" with a screenshot. I need to stay professional about this one, because my partner and I have decided to take legal action for damages. The other site is not even popular or nothing... not worried about competition, but our press release word for word??? Damn! When I wrote and released that press release, I got great results... so I know it was written well... right words and such, plus our unique site. We even got a call from a radio station in NY to do an interview from that press release. So yea... we're looking to shut them down, or atleast remove all that is ours, and sue for damages.
Yea, then your best bet at this point is just to hire a lawyer, because with out any facts shown here its impossible to even comment on the sites So just hire a lawyer and let him do his job
I can understand that... so would you happen to know of any particular lawyers who practice copyright cases?
If a person has created some features which are exactly or similar to your features, I think you can not do any legal harm to them because they have developed it themselves though by copying but they have done the effort unless it is patented. But having same text and images, definitely this is a reason you should go for. What do you guys think?
Is your copyright registered? If not, I would just file a DMCA notice with their web host and have access disabled. I believe if you consult an attorney you will likely find that without prior registration you are entitled to lost profits and the infringer's profits, but you are not entitled to statutory damages or attorney's fees.
Thanks for the info guys. I've done some research and talked to a few people about this, and the decision was to just force them to shut down and/or remove our content. I finally said forget it and sent the Cease and Desist email couple days ago. They replied the next day saying it will be handled. The site was removed the next day. So, the site is gone. But, there is still my press release out there with their name on it. If they come back online with any of our stuff, then it's on. Thanks again everyone.
Actually my friend had that happen he just called the people who issued the press release ( pr web ) and they asked for proof that it was his, ( his website) and they removed the release Alot of press release conpanys are like that Try contacting them ( press release) company Hope this helps
In my cease and desist email, I had listed everything that was to be removed. The press release was one of them. So, I'll wait for monday, if it's still there, I will contact the network. Thanks sundaybrew
Good for you! Glad to hear you had success. For the most part damages are minimal and the cost of time and money to go to court isn't worth it unless you can handle this stuff in small claims. An effective cease with minimal pain that gets results is a great result.