Not long ago we found 2 vendors who copy our software functions design, software interface design and website design. What they do has seriously affected our business, we have contacted clickbank many times, but no reply. The clickbank even rejects my emails. Does clickbank allow unfair competition? Our lawyer has written a complaint titled "Perfect Optimizer Complaint against Clickbank, Errorfix and Regtool" and we are ready to send it to THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA if clickbank doesn't solve this matter soon. The Defendant will be Clickbank, Regtool and Errorfix. Because those 3 get the benefits from this wrong doing. Do you have any case like this? If you have, how you got the matter resolved? Please tell us, otherwise we will take legal measures.
I would send clickbank an official cease and decease letter (if not already done) They sometimes just remove the other products, and sometimes they do not. With the letter attach proof of what the others are doing wrong and be sure to mention that if they dont do anything after a certain date you will go to court. If this fails, i would try one last thing and give them a call. Ask for the security department and mention your letter and if they did anything about it. Good Luck Rachel
Rachel, thanks for your kindness. We have contacted them via emails at the beginning to solve this, then clickbank rejects our emails when we contacted them again, so we contacted them from clickbank.com and reported this to them, but no reply. These days we have to register accounts on Gmail.com and sent to them, but when we want to send again, REJECTED. Still No Reply. Is it a junk affiliate system? We know that the Webmaster has a good relationship with clickbank. If he/she see this thread, will he give us a hand?
A DMCA complaint would be the best way to do it: http://www.clickbank.com/dmca.html Clickbank is very quick to react on DMCA complaints.
From experience I can say that clickbank is not that organized, the company is very small and probably your emails just land to the customer support team. And only if you are lucky they will something. I would call them and ask for the security team, at least before you go all the way.
Thanks, I appreciate your help. I will take this now. Besides I will send an complaint to the US Copyrights Department to settle this down. I will come back soon when the matter resolved. Also I will post what clickbank says here.
Just out of curiosity, what's your software? I just made as site to promote RegTool and Errorfix and am interested to see what your offering is. Rich
Hi, our software is Perfect Optimizer. Our website is www.perfectoptimizer.com. We hope others don't think our answers are advertisement. We want this matter resolved soon.
Here I will show you some emails between clickbank and us. I got this "Delivery Status Notification (Failure)" on 04-16-2009. //////////////// This is an automatically generated Delivery Status Notification Delivery to the following recipient failed permanently: Technical details of permanent failure: Google tried to deliver your message, but it was rejected by the recipient domain. We recommend contacting the other email provider for further information about the cause of this error. //////////////// After reading these emails, I think you know what clickbank did. They don't spend any time to review the products, but only approved, approve, will approve to get his benefits. How a company do things like this?
I doubt you have a case on the software functions design and software interface design. I'm pretty sure that the "look and feel" of software is not protected. There have been a ton of cases about this over the years. Website design? If the copy is the same, word for word, then maybe. If it is just "look and feel" then you won't be successful. I think you should get a new lawyer who is not simply a "yes man".
You should also send a DMCA to Google (and any other search engines). If your claim is valid (which it clearly looks like it is) then Google will remove the sites from their index. This would at the very least eliminate natural google search traffic directly to their sites. See Google's DMCA page here: http://www.google.com/dmca.html Also submit your notice to chilling effects. http://www.chillingeffects.org Good luck! -dave
Thanks, you can put it on your landing page. Registering in the Copyrights Department would be helpful. I appreciate your helpful advice and thanks for your kindness. I think this will solve this matter.
A DMCA will not work. There are no clear acts of copyright theft here. If you really do believe you have a case then good luck with your legal battle.
Actually it is the acts of copyright theft. Today we sent a new email to clickbank and we hope they will get this matter resolved. Sometimes we even find some landing pages 99.9999% the same with ours, only the software name changed.