Website Defamation

[JustinH]

What is the name of your state?What is the name of your state? NY

Could use an opinion here. I own a website which I would rather not share the name of, but for arguements sake, let's call it mydomain.com. I sell software that I write.

It came to my attention through a search for my domain name (checking rankings) that someone had registered mydomain.us which basically copied parts of my text, except replacing it with defamatory comments, for example:

"Welcome to domain, we are well known for ripping people off throughout the web. 80% of our customers are complain..". etc., etc.

Basically they copied our text so as to rank in the search engine next to our name and basically drive business from my site.

I have been able to track down the individual responsible easily enough, but I am wondering if I should go above and beyond having their ISP and registrar shut them down.

Do I have a case here?

 

[HomeGuru]

What is the name of your state?What is the name of your state? NY

Could use an opinion here. I own a website which I would rather not share the name of, but for arguements sake, let's call it mydomain.com. I sell software that I write.

It came to my attention through a search for my domain name (checking rankings) that someone had registered mydomain.us which basically copied parts of my text, except replacing it with defamatory comments, for example:

"Welcome to domain, we are well known for ripping people off throughout the web. 80% of our customers are complain..". etc., etc.

Basically they copied our text so as to rank in the search engine next to our name and basically drive business from my site.

I have been able to track down the individual responsible easily enough, but I am wondering if I should go above and beyond having their ISP and registrar shut them down.

Do I have a case here?

**A: yes, you should go above and beyond.

 

[JustinH]

Ok, after seeing so many posts in here where all the advice was basically "No you do not have a case", I am kinda shocked.

I have never gone about anything like this before, in fact, I know little to nothing about the law. Any recommendations on WHAT I should do?

 

[meganproser]

Immediately secure all evidence of the site and it’s contents. If you can copy the entire site, do so. Make copies of the links that come up when a search is done for your site. Make sure you have several witnesses (at least one notary) who can testify that what you copied was actually on line.

Then contact the owner (via certified email and certified US Mail) and tell him/her to remove the offending material and put a retraction and apology in its place within 24 hours. Keep a copy of the communication for your records.

Take whatever action you can to get the offending material off line. Once that has been accomplished and you are certain you know the name and location of the responsible party, you should consult with an attorney to determine whether or not it’s worth suing the offender.

Good luck!

 

[JustinH]

I just cannot seem to find an attorney to even call me back on this. I haven't gotten past a secratary just telling her very briefly what it is about. Out of the two that said they would call me back, zero have.

I am at a bit of a loss here. I have searched all over the net, tried my local yellow pages, everything..

 

[meganproser]

How long has it been since you first learned about the offending site? You have a year to file so unless your deadline is approaching, there is no rush!

Before you go to the considerable trouble of locating a QUALIFIED attorney, think about what you want an attorney for.

You can certainly get any attorney to write a demand letter.

If the defendant ignores the letter, are you willing to sue him? If so, unless the defendant is wealthy, an attorney won’t take the case on a contingency. Do you have 10K or so to retain an attorney? Are you willing to tie up at least that much money for what may be several years?

You could represent yourself but it will more or less consume your life for a while.

What do you know about the defendant? Where does he live? Is it likely he has enough money to even pay your expenses, along with his own, if you sue him?

From what you've written it seems clear you have a good cause of action (assuming you are NOT well known for ripping people off) but winning a judgment and collecting it are two different things.

The other big issue for you may be jurisdiction. You may not be able to sue this guy in your state and that could affect the attorney you choose.

Having considered these variables, if you are interested in taking this to court the first thing you should do is try and determine who has jurisdiction. Come back and tell us where the defendant lives and maybe someone here can help.

 

[TexasTom]

Could use an opinion here. I own a website which I would rather not share the name of, but for arguements sake, let's call it mydomain.com. I sell software that I write.

It came to my attention through a search for my domain name (checking rankings) that someone had registered mydomain.us which basically copied parts of my text, except replacing it with defamatory comments...

Justin,

You might want to hurry up and buy the domain names of mydomain.biz and mydomain.org before your competitor gets them. You might also might consider getting the domain name of mydomainsucks.com . Don't laugh, I've heard of that happening to others.

TexasTom