Website Issue - Not Happy

[FrankieJ 0]

Hi Folks

 

I have a question, I don’t want to go into too much detail but I need some advice if possible.

 

 

The Scenario:

 

Let’s say you have an established website called (Example only) mywebsite.co.uk and your local competitor who I may add has copied your company from day one has JUST recently purchased an identical name to yours called mywebsite.net and has also done a masked redirect to there own website to gain more work from your established and successful company where do you stand with this?

Do you have a right to call there hosting company and complain about it or do you not have a leg to stand on?????

 

[Steve_Mitchell 0]

Blimey!!! Can`t help with that one Mr Knuckles..... Are you a member of the MU? If so, perhaps they can help.. A phone call to the regional office wouldn`t go a miss.

 

Good luck mate...

[FrankieJ 0]

Blimey!!! Can`t help with that one Mr Knuckles..... Are you a member of the MU? If so, perhaps they can help.. A phone call to the regional office wouldn`t go a miss.

 

Good luck mate...

 

 

Thanks for the reply Steve, I know its a tricky one really but luckily its not involving my disco buisness but another buisness interest.

 

 

 

[BK Sound 0]

You have a case if his website is pretending to be your company, for example if your company is

 

big red sound disco and your website is www.bigredsound.co.uk

 

and he makes

 

www.bigredsound.net despite his company being called small blue discos

 

 

however if your site is a generic name like www.ukdiscos.co.uk and his is ukdiscos.net you dont have a leg to stand on legally.

 

 

EDIT: dont forget that some web companies will call you up pretending that another party has expressed an interest in a name similar to yours and would you like to register it before the other party does, its a scam to get you to buy webnames off them....my site is www.bksound.co.uk...i often get calls telling me someone wants to buy www.bksoundandvision.co.uk (my company name), i just say let them have it and put the phone down.

Edited April 8, 2008 by BK Sound

[FrankieJ 0]

You have a case if his website is pretending to be your company, for example if your company is

 

big red sound disco and your website is www.bigredsound.co.uk

 

and he makes

 

www.bigredsound.net despite his company being called small blue discos

however if your site is a generic name like www.ukdiscos.co.uk and his is ukdiscos.net you dont have a leg to stand on legally.

EDIT: dont forget that some web companies will call you up pretending that another party has expressed an interest in a name similar to yours and would you like to register it before the other party does, its a scam to get you to buy webnames off them....my site is www.bksound.co.uk...i often get calls telling me someone wants to buy www.bksoundandvision.co.uk (my company name), i just say let them have it and put the phone down.

 

 

The so called company have basically copied our name ALMOST word for word and have designed there website identical to us. They have set up in the same area and have even copied our stand when we attend wedding fayres.

 

Its is really gone beyond a joke now and I know this is not a scam as I recognise the buyer of the domain name.

[andyw 0]

cant help with your problem frankie. but i dont understand why some people have absolutely no morals.i say not all is fair in business ,by all means set up a similar company(thats competition) but don't steal other people's ideas..i hope you can do something about it,it is a disgrace if you can't

[Spear 0]

As far as I'm aware .net has a lower ranking in search engines than .com and geographical ie .co.uk so he shouldn't gain to much extra work but it might be worth talking to trading standards or other advice line to see if they can offer any advice.

[spinner 0]

Hi Folks

 

I have a question, I don’t want to go into too much detail but I need some advice if possible.

The Scenario:

 

Let’s say you have an established website called (Example only) mywebsite.co.uk and your local competitor who I may add has copied your company from day one has JUST recently purchased an identical name to yours called mywebsite.net and has also done a masked redirect to there own website to gain more work from your established and successful company where do you stand with this?

Do you have a right to call there hosting company and complain about it or do you not have a leg to stand on?????

 

 

This could be "passing off" which a solicitor could challenge on your behalf.

 

Years ago I had a local DJ copy all the wording from my brochure and send it out as a letter. My solicitor told me it couldn't be categorised as passing off because he used a different name, but if he had used one that was very similar I would have had a case.

 

Sounds like you could have a case here. At the very least make a complaint to the offender's hosting company.

 

You might also like to take advantage of the Copyscape service.

 

There is another service which archives websites and their changes. If both sites are on there you could prove that yours was up and running first. I'll see if I can find the details.

Edited April 8, 2008 by spinner

[Dukesy 0]

I believe Steve means a site like: http://www.archive.org/index.php

 

 

[spinner 0]

I believe Steve means a site like: http://www.archive.org/index.php

 

 

That's the one - Way Back Machine.

[FrankieJ 0]

Thanks guys I know we had ours up before theres but it will be great for proof if it comes to it.

[jamesmurphy 0]

I Had this happen with another business interest a few years ago when a company in the same town bought the same co.uk name that I had the .com of.

 

They were are much larger business than mine, in another branch the same industry as me and saw that I was doing well. So they bought the name and started doing something quite similar to me and basically they the built the web site almost the sameas mine, but with slightly different colours.

 

They then put six salesmen out on the streets, giving away adverts that I was asking £100 for.

 

Obviously the clients were going with them and in 3 months my business dwindled to nothing.

 

I went to my solicitor and there was abosolutely nothing I could do. The lesson learnt was that I should have bought the .co.uk as well.

 

I closed my business down before I went broke, and at the end of 1 year, they closed their website down and re-directed the website name to their parent site. They then started charging the clients that had the free adverts.

Edited April 8, 2008 by jamesmurphy

[wendyice 0]

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did you say he was edirecting hits to your site to his own?
surely that is illegal, it has to be. he is interfering with your site and your business. his isp should block it in my opinion Edited April 8, 2008 by Abuse Controller

[DJ JENX 0]

In my opinion only....

 

From what I understand the only way to challenge this is by proving copyright.

 

I could by www.microsoft.org if it existed and use it for whatever I wanted.

 

I dont think youll be able to do much to be honest unless hes actually using your name and claiming to be you.

 

This happens a lot on the web unfortunately and it has happened to me.

 

Have you sought legal advice at all? I suggest you do so, and also i suggest you make prints of your website and his, for proof.

 

As for his search engine ranking, just because hes .net doesnt mean he cant get higher. Its down to your keywords and meta tags and content.

 

Tough one

 

 

[vokf 0]

Frankie,

IANAL!

 

If the offending site is hosted in the US (probable due to lower hosting costs). Then you should be able to issue a DMCA notice (google for info).

If you do this right, the host has to remove the offending material straight away by US Law. You need to do the DMCA 100% correctly. Hosting companies need to have an officer assigned to handle these types of requests.

This only effects US, if the site is in the UK, you could try the DMCA, but its not law in the UK...

 

They may have to move hosts/redesign parts of the site. However, there is not much you can do about the domain name.

 

This is a fairly common problem. I've had (php/web) software copied and sold of on websites, and it took a DCMA notice to get the Host to take action - abuse emails don't generally work.

 

 

Some sites are exempt - ie Satire/Humor are allowed - but passing off is not.

 

Unless you are earning a living from DJing, I doubt the cost of legal assistance will be worth it, but if you can get a solicitor to draft a strong letter, it may do the job.

 

 

I doubt you could do much about the domain name, unless your name is trademarked (ie Coke/Nike etc). I registerd a .co.uk name a few years ago and found the name was a registered trademark of a large US company- a few emails, resulting in me giving it up rather than face the grief (the site wasn't developed, so no brand to lose at that stage).

 

I have a template DMCA notice on email which I can send - PM/email (address on my site) if you'd like this.

Jason

[nigelwright7557 0]

The so called company have basically copied our name ALMOST word for word and have designed there website identical to us. They have set up in the same area and have even copied our stand when we attend wedding fayres.

 

Its is really gone beyond a joke now and I know this is not a scam as I recognise the buyer of the domain name.

 

Imitation is the sincerest form of flattery !!!

 

I would certainly pursue anyone trying to use my disco name, unless the ycould prove they had it first !