Clickbank are hot with trademark violation. Just send a DMCA complaint to CB http://www.clickbank.com/reportproblem.html Also make sure you include trademark violation due to the copying of your logo. Although it's the official way to go forward, you may need to do it to the host as well. Also, if this is worth a significant income to you, it's worth investing in a legal firm to do it on your behalf. Even the header of a law firm seems to scare CB sh*tless into action, whereas just sending the complaint yourself might not be heeded. Hope this helps you out?
No it's not, but it is illegal to violate someone's trademark, and therefore their intellectual property. What I was saying that your logo looks "remarkably similar" to the other product, and would therefore in my eyes be a clash. Here's some text off Wikipedia: Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence legal proceedings against a party which infringes its registration.
I agree with dimmoneycash, the design and some elements of the sales text are very similar. Since ps3manual is new, it's obvious who was copied and who is being unethical. PS3MANUAL, If I was you I would redesign the page and change the sales page before losing potential affiliates and credibility...
Got a letter from clickbank today, it seems the owner of PS3LightsFix is a Liar he had told clickbank that I had not replied to his email. The guy refers to lies because he can't take the heat! Ps3LightsFix I've been in this game for over 10 years and I've never ever made an enemy conducting business online. But you are asking for it BIG TIME, why go to clickbank and tell them I didn't reply when indeed I did? I hate to tell you this but Ps3LightsFix You Are History! I'm taking over your niche and I'll follow your steps online, whatever niche you go into I'll dominate it. You asked for it, too bad it had to be this way I could spend my time fishing instead!
Still waiting I sent them proof that there was no ground to file for a DMCA claim. I also let them know about this vendor resorting to slander in public forums and attacking my products value. I've never had problems with clickbank for 9 years now. So I'm not worried. It seems just about anyone can file for DMCA on clickbanks website.
If you read the rules a bit more, DMCA has been designed to primarily protect the original owner of the content. When a DMCA complaint is submitted, it's common practice to shut down the offending material whilst the investigation is commencing. The upshot is that many companies now take a VERY objective view of DMCA. I mean, they have to have actual proof it was copied content before closing the site down... so I think that just submitting that the "site is remarkably similar" just won't cut it with the likes of Clickbank. PS3Manual... I know you're proud of making a product and all... but would it * really * hurt you to take the bags of advice from this forum, go to the drawing board and then do something else? I mean, saying you're going to follow someone's steps online really doesn't fill many affiliates with a desire to promote your product, as does awarding them 90% comms won't either. Affiliates want cash & a lot of it. The way they make cash is to make sites that fix a problem, then promote a product that converts. If you can prove you have a product that converts, affiliates will gradually promote it.
Old thread but wanted to clarify pinpoint this if anyone ever stumble upon it. Of course if a design is similar to another design its illegal and a copyright violation. This is pretty basic.
It depends on how similar it is. If you can confuse it w/ another, then yes it would be illegal. And by the way - I was in this niche nearly 2 years before the OP w/ PS3Repairsguide.com - you can do the whois yourself. It's foolish to think that you're the original in something as broad as the PS3 Repair niche. However you do have the right to try and keep people from directly copying your work.