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Groupon wants to sue me

Discussion in 'Legal Issues' started by VINC, Apr 15, 2011.

  1. #1
    Hi all, here is part of the email I just recieved:

    "Recently Groupon has become aware that you have registered www.dailydealsstore.info and are using the Mark commercially in connection with groupon. Your website also copies the content.
    Please be aware that use of the Mark and Content infringes Groupons trademark, copyright and trade dress rights and falsely suggests an affiliation between your website and Groupon. Therefore we request that you immediately cease use of the Mark and Content as part of www.dailydealsstore.info"

    Can you guys help me what exactly should I remove? Thanks
     
    VINC, Apr 15, 2011 IP
  2. Blue Star Ent.

    Blue Star Ent. Well-Known Member

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    #2
    The backgrounds on the home pages are similar, but not exactly the same. This is not legal advice, but if it were my site, I would change that.
     
    Blue Star Ent., Apr 15, 2011 IP
  3. mjewel

    mjewel Prominent Member

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    #3
    You are using their trademark "Groupon" on your site. That is the first thing you should remove. The overall look of the site also replicates theirs. If you are using their content or feed, you should also remove that.
     
    mjewel, Apr 15, 2011 IP
  4. maiyotown

    maiyotown Greenhorn

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    #4
    just change the images and all backlinks that link to groupon. And remember to get rid of the images that say groupon clone
     
    maiyotown, Apr 15, 2011 IP
  5. bellc

    bellc Member

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    #5
    I am not a legal advisor or expert. If I am not wrong you are using either ndot, couponic, or wroupon software on your website, these all are Groupon clones and are infringing their copyright, patent, and trademark.

    Alright, here goes what's causing the problem:
    1. Your website looks exact replica of Groupon
    2. Your logo design, nearly resembles Groupon's logo
    3. Your page structures exactly resembles Groupons. If you take a snapshot of your website and that of Groupon and haze both to 10%, they both will look same.
    4. Content on your website is almost (nearly 75%) copied from Groupon

    Above listed 4 points, Groupon can ask DMCA or H'ble court to penalize.

    Biggest of all, your website works ditto similar to Groupon, or in summary you have built a Groupon Clone. Willingly or unwillingly you are infringing their patent (1999 patent # 6,269,343, entitled “On-line marketing system and method”, causing them harm to their business, market, reputation and goodwill). Make sure that you verify the patent details, it is to the best of knowledge.

    After their legal notice, if you do not respond or provide evidence that you have ceased to use the system that is trying to confuse general public, Groupon may file a case.

    Solution:
    Immediately take offline the software on your website. If you want to sell daily deals, do not purchase so called "Groupon Clone". These not only copy Groupon's design, and content but also try to follow their patented system. There are other software which works differently, you may check those.

    If you are rich, you must consult a lawyer. If not, take it offline and replace the software. I think Groupon must not have any problem with your domain name, in any case your website name does not infringe their copyright or trademark, nor does it sound like Groupon.

    For more info, refer to cases Groupon vs. Mobshop, Groupon vs. Scoopon
     
    Last edited: Apr 16, 2011
    bellc, Apr 16, 2011 IP
    friendlyIMer8 likes this.
  6. contentboss

    contentboss Peon

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    #6
    Listen to mjewel, and make the changes he suggests as a first step. He's rarely wrong about this stuff.
     
    contentboss, Apr 18, 2011 IP
  7. lothos

    lothos Member

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    #7
    Agreed, remove the Groupon and Groupon Clone words/graphics from the site.
     
    lothos, Apr 18, 2011 IP
  8. akdacquel

    akdacquel Peon

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    #8
    Would it have something to do with the opt in numbers (ex step 1, step 2) those look really similar to groupons? Also, does anyone know who created this clone?
     
    akdacquel, Apr 20, 2011 IP
  9. bellc

    bellc Member

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    #9
    Step 1, 2, so on cannot be copyrighted or trademarked. It is over all look, functionality, and feel of the website. Prima facie it looks like a clone from ndot, expectedly a freelance developer.
     
    bellc, Apr 21, 2011 IP
  10. wptheme

    wptheme Well-Known Member

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    #10
    Nice analysis, however I have to agree with mostly what others have to say, its more to the design and feel of the site. Groupon can't sue the OP if his site is using the same structure, system, coding structure, but they have a case if the design and logo content is confusingly similar to Groupon.
     
    wptheme, Apr 21, 2011 IP
  11. bellc

    bellc Member

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    #11
    bellc, Apr 22, 2011 IP
  12. easilydoable

    easilydoable Peon

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    #12
    why don't you just respond to groupon's email and ask them what exactly they want you to remove?
     
    easilydoable, Apr 22, 2011 IP
  13. tomsoc

    tomsoc Peon

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    #13
    But, I don't understand, why Groupon don't attack first who making the clone of script, ndot, couponic,and wroupon .
     
    tomsoc, Aug 20, 2011 IP
  14. MnMtrader

    MnMtrader Peon

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    #14
    Does any know why hasn't Groupon sued Living Social for copying their website?
     
    MnMtrader, Mar 13, 2012 IP
  15. VINC

    VINC Member

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    #15
    They didnt copy anything. They created their own script and you can't patent an idea.
     
    VINC, Mar 15, 2012 IP
  16. sniper2008

    sniper2008 Active Member

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    #16
    Just make sure you do not put any copyrighted material on your site :)
     
    sniper2008, Nov 18, 2012 IP