Design and copyright infringements.

Discussion in 'Legal Issues' started by ludwig, Feb 1, 2010.

  1. #1
    I lately holded a contest at DP for website design and logo design:
    http://forums.digitalpoint.com/showthread.php?t=1615988

    then ordered the theme coding from jinsona again DP member

    the site was made live at: www.conceptmobiles.com

    now, to the point I find out that this site: technicalnavigator.com has just copied the theme.

    To prove that the design was stolen without any notice we have uploaded the view source here: http://pastebin.com/m1f260c39

    I have emailed them using their site's contact. Found their twitter account and the whois records: http://whois.domaintools.com/technicalnavigator.com

    I will call them today to have the design removed. Next step would be filing a DMCA complaint against them and getting their site removed from SE results.

    What else do you suggest guys?

    Thanks in advance for your time
     
    ludwig, Feb 1, 2010 IP
  2. vivideye.ca

    vivideye.ca Active Member

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    #2
    have you got your template files protected with .htaccess?
     
    vivideye.ca, Feb 1, 2010 IP
  3. ludwig

    ludwig Notable Member

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    #3
    how to do that ? please help
     
    ludwig, Feb 1, 2010 IP
  4. vivideye.ca

    vivideye.ca Active Member

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    #4
    vivideye.ca, Feb 1, 2010 IP
  5. ludwig

    ludwig Notable Member

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    #5
    Thank you vivideye.ca

    I asked jinsona whether we can implement it on WP or not.

    In the meantime I found out who is the so called designer of the site. Its an indian company called : enlistmedia.com

    Domain registrant information:
    Registrant:
    Rikhav Infotech
    12296, Jaikisan Bldg, Pantnagar, Ghatkop
    Mumbai, Maharashtra 400075
    India

    Domain Name: ENLISTMEDIA.COM
    Created on: 07-Apr-09
    Expires on: 07-Apr-10
    Last Updated on: 14-Apr-09

    Administrative Contact:
    Sarvaiya, Bhavik
    Rikhav Infotech
    12296, Jaikisan Bldg, Pantnagar, Ghatkop
    Mumbai, Maharashtra 400075
    India
    912225136173 Fax --

    Technical Contact:
    Sarvaiya, Bhavik
    Rikhav Infotech
    12296, Jaikisan Bldg, Pantnagar, Ghatkop
    Mumbai, Maharashtra 400075
    India
    912225136173 Fax --

    Domain servers in listed order:
    NS1.BEAUTYOFINDIA.NET
    NS2.BEAUTYOFINDIA.NET

    tried to call but the number seems to be changed
     
    ludwig, Feb 1, 2010 IP
  6. jinsona

    jinsona Well-Known Member

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    #6
    Hi Ludwig,

    Have you got through them? lat time I checked, that site was still active.

    This is one of the most bad ripoff attempt I have ever seen. The damn ripper has stolen everything from Graphics, CSS, javascripts and html frame. Clear case of violation and if they do not respond quick, you should take action. You have got enough evidence to nail them.

    [​IMG]

    Wordpress template files are php files. It is processed by server. So one cannot view it or copy it from browser. But anybody can view other files like css, html, js etc through modern browsers.

    I hope they remove the template soon.

    -------------------------

    based on the whois details I guess this is the company behind the domain. http://www.rikhavinfotech.com/corporate_info/contact_us.php
     
    Last edited: Feb 1, 2010
    jinsona, Feb 1, 2010 IP
  7. ludwig

    ludwig Notable Member

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    #7
    I have been trying to contact via all possible phone numbers, some do not respond, some incorrect. I have emailed them to all emails. Lets see. I am sure he can be found with the new name that it has enlistmedia.com if they dont change the design asap, I will file a DMCA and report to hosting and domain registrar
     
    ludwig, Feb 1, 2010 IP
  8. Mystique

    Mystique Well-Known Member

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    #8
    This is the copywriting forum and moderators must be pretty busy since they haven't realised this is a copyright/designing/web development thread with nothing to do with writing affairs :rolleyes:
     
    Mystique, Feb 1, 2010 IP
  9. ludwig

    ludwig Notable Member

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    #9
    if this is the case, I apologize, please any of the moderators move this to an appropriate section
     
    ludwig, Feb 1, 2010 IP
  10. ludwig

    ludwig Notable Member

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    #10
    well back to the point.

    I see they dont want to remove the design, but they think they can demand other things from me and want to have this thread deleted. which is not possible, since this is the proof of their rippoff

    in any case I have contacted DMCA and they are ready to remove their sites within 5 days.

    I will wait for a couple of days, if they fail to remove the website I will go for the DMCA.
     
    ludwig, Feb 2, 2010 IP
  11. jinsona

    jinsona Well-Known Member

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    #11
    Seems like they have made some changes to the template. Well, actually the template is still same, seems like they just re arranged the sections here and there.
    Did they respond to you? Are they complying to your request?
     
    jinsona, Feb 2, 2010 IP
  12. Snake Blisken

    Snake Blisken Peon

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    #12
    lol, what a bunch of idiots, Clearly a copy!
     
    Snake Blisken, Feb 2, 2010 IP
  13. ludwig

    ludwig Notable Member

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    #13
    yeah they changed a few things, you should see the emailing. I did not write much since I am not into debating with them, its easier for me to throw in some money for DMCA rather than talking to them.

    I have talked with DMCA support and they told me its not a problem for them since all the evidences are here at DP and it will take them up to 5 days to get the rippers removed from the search engines and their hosts shut down.

    But their emails look like I have been chatting with them for ages and I am the one who did the mistake and copied their site :D loool I just dont want to waste time. So far they are on the right track to protect themselves, but if they want problems its not hard for me to make it for them :D
     
    ludwig, Feb 2, 2010 IP
  14. ludwig

    ludwig Notable Member

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    #14
    I head they have managed to remove the pastebin source, in any case I have a screenshot saved
     
    ludwig, Feb 2, 2010 IP
  15. fathom

    fathom Well-Known Member

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    #15
    Who is this DMCA Support?

    As for search engines your "claim" will be based on results appearing in Google for a specific "term," "phrase," or "paragraph" and not just "design work"... if no "term," "phrase," or "paragraph" appears in Google - you have no claim.
     
    fathom, Feb 2, 2010 IP
  16. ludwig

    ludwig Notable Member

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    #16
    check this:
    http://www.dmca.com/
     
    ludwig, Feb 2, 2010 IP
  17. neo1211

    neo1211 Active Member

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    #17
    Ripping of sites is pathetic. If you really cannot get your own design, then you have no business creating a site in the first place.

    It's even worse because a lot of the time the businesses that rip designs are scam operations.. I wish you the best of luck in filing a DMCA take down against this guy.
     
    neo1211, Feb 2, 2010 IP
  18. fathom

    fathom Well-Known Member

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    #18
    A waste of $100.

    ...course for them it's a great scam... scam those that scammed you and get you to pay for it.
     
    fathom, Feb 2, 2010 IP
  19. browntwn

    browntwn Illustrious Member

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    #19
    I was thinking the same thing.

    "This website has no association with any government organization. DMCA is a privately owned and operated website"

    That site is just some random people taking your money. Good luck.
     
    browntwn, Feb 2, 2010 IP
  20. ludwig

    ludwig Notable Member

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    #20
    dont think so
    http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act

    dmca.com is linked from copyscape also. its not scam I am sure about that
     
    ludwig, Feb 3, 2010 IP