We have been ripped off - <update - now resolved> :)

sjr4x4 · #1 (**permalink**) 06-09-10, 11:14 AM

Got a call this morning who were curious if we had launched another directory called xxxxx

Had a look, and couldn't believe it, blatant rip off of our logo, and have obviously tried to base their site around us, looking at their content. Even their search box is word for word the same as our old one "Business Type - e.g. builders, hotels, taxis..." We recently updated it.

It looks like they are a cheap script generated site, no contact details, and based in the states.

So question is, what can we do about it?? Our logo is a registered under the UK Trademarks registry, but this won't cover the US, or will it because they are using a .co.uk domain?

Anyone had any similiar experiences?

Pamela · #2 (**permalink**) 06-09-10, 11:48 AM

It is no comfort to you, but they do say that imitation is the sincerest form of flattery!

indizine · #3 (**permalink**) 06-09-10, 11:58 AM

It is annoying and even maddening when folk copy your site and flattering it is, but that doesn't really make you feel better.

What's probably happened here is someone has seen your website and gone to a developer and told them they 'want a site like this' and they've just copied it per say.

I cant see your original home page as my diverts straight to the SY page but im assuming it's a like-for-like version?

Anyway that fact it is trading in the UK even though operated form the UK should mean (I think) that your trademark is protected but do you have the money to take it to court and fight it anyway?

I would send them a cease and desist for starters and take it from there. Also contact their hosts and demand they get them to remove it. That's what I did and it worked. I also found they didn't comply with Nominet on the domain reg and reported them there too. I did this after the guy ignored my direct request so give them at least one chance to comply.

PS Im seeing this info for the domain whois:

Technical Contact:
Customer Registrations
United Communications Limited (

)
+44.08456432011
Fax: +44.02089298096
c/o United Communications Limited
PO Box 937
Hemel Hempstead, HP1

Name Servers:
ns1.ventura.unitedhosting.co.uk
ns2.ventura.unitedhosting.co.uk

Looks British to me so you're in with a chance. Get on to Trading Standards as well maybe?

Kip FX Design · #4 (**permalink**) 06-09-10, 01:10 PM

If it is UK protected Steve you have a leg to stand on, this is aimed at the UK, so I would get some legal on this, I have a chap who deals with a lot of intellectual rights etc, want me to test the waters with him? PM me tho as not on here much buddy.

sjr4x4 · #5 (**permalink**) 06-09-10, 01:37 PM

cheers Sandra. Yup, had checked out the whois, looks like it's been registered c/o.

Had a response back, after making out I wanted to discuss other advertisng options, and did they have a UK sales office. Apparantley he will be back in the uK in a few weeks

So have sent him a takedown notice for the logo, and asked for a confirmation of timescales.

Then if no response, I shall hit the ISP with a cease and desist, and find out where I stand with the Trademark registry, and if it was worth the money

cheers for the offer Kip, lets wait and see if our man gets back to me before I call in the big guns

MagnifyB · #6 (**permalink**) 06-09-10, 02:38 PM

Had a similar problem with the images (vector images) that had been specifically designed for a horoscope site. A rival company simply ripped them off the site and stuck them on theirs!

We sent them an email (and phoned them if my memory serves) and because we could prove creative ownership, they took them down immediately without having to go down any legal route

sjr4x4 · #7 (**permalink**) 06-09-10, 05:02 PM

Hmm, just got a response back....

Hi Steve,

I have checked your logo and we are not infringing on your copyright. You
obviously feel that we are so I will leave it with you.

I will not enter into any further correspondence with you about this matter.

Rgds,
Bernard

So, what does the MLF jury think? Forgetting the website, which is a poor imitation, what do you think regarding the logo?

I suppose they have used a different shade of green!!!! Grrrrr

indizine · #8 (**permalink**) 06-09-10, 05:24 PM

Sorry but if that was coca cola's logo and his logo it would perhaps make more sense to him how much he is infringing. He clearly does not understand infringing a trademark means he is confusing the customer. They are very alike enough to confuse, which is one main reason it was noticed in the first place! He must think that for a logo to infringe trademark it must have to be an exact or almost exact replica.

He's given you his reply so now ball's in your court. Make sure you have a screengrab of th info he has copied; use
Wayback as proof of your page being indexed before his with said content, and chuck that to his hosting provider. That's what I did and they accepted it and informed me they had given the other guy X days to remove it or else they would suspend>cancel his hosting account.

sjr4x4 · #9 (**permalink**) 06-09-10, 05:40 PM

Shall let you know how I get on

indizine · #10 (**permalink**) 06-09-10, 06:44 PM

Please do!

Oh and you could always do what they did on ukbf about that marketing company where they kept repeating the name of the company in every post so that when you googled their name page 1 was about full of ukbf posts of this mega thread about how this company were behaving.

Handy having your own forum innit?!!

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