imitation is flattery or a law suit?

As I have stated before, I get a lot of calls from people from this forum asking me to help them. Most people just have a question or two and those that I have helped know I never mind talking shop and give a lot of info for free. However, when they want me to teach every aspect of my business to them I require a fee.

So the other day I get an email from a friend on this forum asking me if I know this guy who has a web site very close to mine. I looked at it and sure enough, fonts and images and even a variation on our slogan were there.

Needles to say I was both amused and pissed. My attorney wants to sue the crap out of him but I am not sure its worth the time and effort. Any of you all have copycats taking your ideas before and how did you handle it?

Well I for one have never been a sue happy person. Personaly I believe half of the problems in this country are generated by lawyers wanting to make a quick buck any way they can. I would call that person who has the website and ask them to change it and point out that allthough your flattered they almost copied you for word and look for look you would appriciate it if they take it down and change it to make it their own. If that doesnt work then have your lawyer friend send them a letter requesting them to do the same. If that doesnt work then sue thm if you feel the need. Or better yet tell them they can keep it just the way it is if they put a link to your website as a thank you for the idea for building their own. Heck who knows you could get some business out of it that way.

Standard cease and desist letter may do the trick. Then again if you don't have any copyright or trademarked designs on your site, it may not be a matter or the courts. Anytime a lawyer responds with that much enthusiasm I'm concerned.

Can you post screen caps of the offending site?

Ditto on what PartTimeScrapper said. Plus when the guy who is the subject of this thread reads this I hope he will make the changes himself without further prompting. Mike.

I know I have had 1 or 2 guys on this forum ask me if it was cool that they use some of the ideas from my site for theirs. Not to copycat, but to get a rough idea. I don't have a problem with that.

I can see where your lawyer is coming from. He wants to protect you and make it known that people simply cannot "steal" your work and nothing be done about it.

Like you, only you know if it is worth all the stuff that will happen as a lawsuit.

Also looking at your webpage I dont see any trademark or copywright info on your website. For all the people know lookig at your website it was created with clipart which isnt copywritable if memory serves me correctly.

Quote:

---

Originally Posted by PartTimeScrapper

Also looking at your webpage I dont see any trademark or copywright info on your website. For all the people know lookig at your website it was created with clipart which isnt copywritable if memory serves me correctly.

---

Images no, but content unless taken from another source is.

Images are copyrighted info if it has to pertain to that particular business. However, images found simply by googling them, isnt that I am aware of.

all i know is if you go to coke.com or pepsi.com or any other trademark name site. At the bottum most of them have copyright with a year by it. Just saying is all.

while we don't have it on there ( IT has not put it on) we do hold legal trademarks and copyrights. I plan to send a letter to them first and if that fails I think I might let the guy in the suit earn his retainer. :-)

I think I would go have a talk with IT. You would be surprised how a little phone call can get alot more done then a letter. Personaly if it were me and i got a phone call from another company saying I copied their site and they wanted me to change it. I would change it as quick as possible. if I got a letter stating change it or I sue. I would do everything in my power to do one of 2 things. Prove my site was up first or just ignore it and let you sue little ole me and waste your money. Its to easy for an LLC to close up shop and start over these days and you wasted how much money over a website design similarity? Just my $.02.

Im assuming we are talking about retech's website since they admited to using yours as a template. Granted it would have been nice for him to ask if you could use it first but...

Playing devils advocate here ---->

Outside of the "we are the ______ in top dollar pay outs for your scrap eletrical wire" statement I dont see much more that he may have coppied? Am I blind? A quick question for you. If I wanted to use that same slogan since it is a nice one for say my computer scrappin stuff I couldnt use it? What If I changed it to "we are the best in the west in top dollar pay outs for your scrap computer equipment" Man that sounds catchy doesnt it? I wuld think that would be ok. Imean it got the same meaning as your does but its not the same thing. Or is it because that he happens to be in exact same business as you that its ruffling feathers and drawing the easy copy conclusions are to easy for that reason?

Now i got that slogan stuck in my head and ill have to think of another on to use for the website im building right now.

Here was the question asked,

Quote:

---

Are you guys a division of Highvoltage? Your website looks almost identical to theirs.

---

And here is the answer,

Quote:

---

No we are not a division of highvoltage but I did base my site off his.

---

That's enough reason for a cease and desist.
That would be like me copying Ewasted or Computerscrappers website, I mean the first person to post recognized it immediately.

Parttimescrapper, I see your point about a call. Thanks for your insight and I think you are right. One of the downsides of being a corp is that you get so caught up in forms and paperwork that it seems your knee jerk reaction to everything is to put it on paper. Sometimes a good old fashioned phone call will do the trick.

As for what else, the fonts images and a similar slogan were used. Your question on your idea for a slogan I cannot answer as I am not versed in the legalities of this. However I would assume it would be OK as it is different enough that it would not be mistaken for mine. His however was close enough that people thought he was part of my organization. That is where the problem lies.

Kris Kringle I think I might have the advantage there. ;)

UMMM honestly its a website people. I could care less what a website looks like. I care about price and service. For all you know the competitor has little knowledge of the field he entered, buying issues, employee issues. There's so many issues with a start up like this that I wouldn't worry about him unless you start losing customers to him. You are in Allentown, pa. He is in Tampa or something like that. Think about it you are 1500 miles apart do you really think you are going to end up competing against him at the end of the day.

Quote:

---

Originally Posted by PartTimeScrapper

I think I would go have a talk with IT. You would be surprised how a little phone call can get alot more done then a letter. Personaly if it were me and i got a phone call from another company saying I copied their site and they wanted me to change it. I would change it as quick as possible. if I got a letter stating change it or I sue. I would do everything in my power to do one of 2 things. Prove my site was up first or just ignore it and let you sue little ole me and waste your money. Its to easy for an LLC to close up shop and start over these days and you wasted how much money over a website design similarity? Just my $.02.

---

I'd take option #2. Let you sue and waste your money.

There's really not that much similarity there anyways. And like PistoneScrapProcessing pointed out. 1500 miles apart. There's no real competition between the two of you. Maybe the guy in suit just wants more of your money in his pocket. Consider it flattery and get on with the business of making yourself more money.

been there several times in life. It is always, a pi**er. A few people are inventive, most are not. In todays society business has gotten even more preditory. the cost of fighting such things i s expensive in many ways, $, time, and most of all, missdirection of the goal of your company, mental stress etc.

when I started my little ewaste co here. I was the only one, this is a small town. now there are five, all five are using my blue print, and they most likely learned it here and craigs list. Its just part of todays business imorality, and lack of self respect and honor. hes in Miami 2000 miles away, he is not going to hurt your business,

20 years ago my wife and I completely revitalised and re invented the sand art business, today thousands of sand art stands are exact copys of our inventions, nothing we can do about it. It is just one of the costs of being inventive.

Okay, now that I know who the person in question is, I just looked at both websites, and the only similarity that I can see is the slogan was slightly used for RETECH's website.

The layouts do seem a tad bid identical, but none the less.

Really when it comes down to it, only you can determine if it is worth the high cost of a lawyer.

Most will do pro bono and make the plantiff pay if the lawsuit is won...either way, hope it works out for you too.

has retech changed the site? I'm not seeing a lot of similarity at first glance.

HighVoltage, If your slogan is Trademarked, and he's infringing a Cease and Desist will probably end that quickly. If it's not Trademarked...Please utilize your lawyer to GET IT trademarked.

It's hard to ACTUALLY copyright a website. and so many websites are built from similar templates these days, that unless you KNOW your web-designer pulled that design up from scratch..it's a tough case.

I'm with PS...a quick phone call, share your concerns, and get crackin' on TM that slogan before PS takes it!

Quote:

---

Originally Posted by PistoneScrapProcessing

UMMM honestly its a website people. I could care less what a website looks like. I care about price and service. For all you know the competitor has little knowledge of the field he entered, buying issues, employee issues. There's so many issues with a start up like this that I wouldn't worry about him unless you start losing customers to him. You are in Allentown, pa. He is in Tampa or something like that. Think about it you are 1500 miles apart do you really think you are going to end up competing against him at the end of the day.

---

I already do compete with him as I am located in PA but do business in 15 states so far. In addition is not just a web site is a corporate image. When my customers mistake someone else for me and have a bad experience then they assume it is a bad experience with my company.