Groupon wants to sue me

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

 

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.

 

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.

 

just change the images and all backlinks that link to groupon. And remember to get rid of the images that say groupon clone

 

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

 

Listen to mjewel, and make the changes he suggests as a first step. He's rarely wrong about this stuff.

 

Agreed, remove the Groupon and Groupon Clone words/graphics from the site.

 

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?

 

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.

 

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.

 

Groupon recently sued mobshop for infringing their patent. Passing just a word of caution, Check it here http://techcrunch.com/2010/11/19/groupon-vs-mobgob/

 

why don't you just respond to groupon's email and ask them what exactly they want you to remove?

 

But, I don't understand, why Groupon don't attack first who making the clone of script, ndot, couponic,and wroupon .

 

Does any know why hasn't Groupon sued Living Social for copying their website?

 

They didnt copy anything. They created their own script and you can't patent an idea.

 

Just make sure you do not put any copyrighted material on your site