is there any action I can take?

[QCwebmaster]

What is the name of your state? Illinois

I am the webmaster for an information site in Illinois. The site has been up for almost a year now and is doing very well (yay!). The problem is that within the past two weeks another local business launched their site.

it is not in direct competition with mine, and we do have reciprocal links but... it looks to me like they copied my design.

My website is: www.QCWeddings.com

Her website is: Just Elegant

I am not losing money/business due to this, but it is a bit disconcerting. Her site needs a lot of work and I have offered to help her, sending fee schedules and such with no response. What is to keep her from just stealing my whole layout - using my "help" - without paying me?

Is there anything I can do or do I just need to get over it?

Thanks

 

[ChicagoLawyer]

You have to either get over it and let them take your content or you need to step up and tell them to stop.

If you are not in direct competition, then trademark claims would be irrelevant. You could not claim they are stealing your TM. Also, where you are offering them content and design tips, you would have a very hard time saying that they are stealing your copyrights and content. "They said I could use it......" implies a license or consent. So, you are SOL there as well.

If you are tired of them not taking your help and you do not want them to steal your content, start plastering copyright notices on your site and, if you see they have usurped your content, send a cease and desist letter.

IP rights are exclusive, but if you do not police your IP, you can lose exclusivity. A defensive argument based on acquiescence can go a long way to defeat an infringement claim in either the copyright or trademark settings.

This is not intended to be legal advice. Rather, it is general information. We have no attorney client relationship you really should contact an attorney for specific advice.

 

[QCwebmaster]

I never actually helped her, except by publishing my site - which she attempted to copy. Thats what I meant by me "helping" her.

I think maybe she just doesnt understand that what she did is offensive or wrong. I may send her an anonymous message about what she did and see what happens.

Thank you for the help.

 

[ChicagoLawyer]

Hmmm....first post says you sent her unsolicited fee schedules and advice, that they did not want.

Now you say you gave no direct help.

What gives.

Why make anonymous contact? How will she know that you are serious in any way if you conceal yourself. "you are infringing someone's rights" is meaningless, but "stop, you are infringing MY rights" has some teeth.

Maybe you should just bite the bullet on this one. They do not appear to want your help and they your pushing of content on them defeats any serious copyright infringement claims.



Good luck.