I do not get it. What am I violating? *Ponders* Set some insite ya?
http://www.reddrake.net

I represent American Pro Servers, Inc. DBA Dinix.com ("Dinix") on intellectual property enforcement matters. I am an agent of Dinix authorized to act on its behalf. Dinix has recently discovered that the operator(s) of reddrake.com (the "Website") is blatantly violating Dinix's intellectual property rights. Dinix provides this notification of infringement pursuant to the Digital Millennium Copyright Act (the "DMCA"). The Website is in violation of the Digital Millennium Copyright Act.

The Website displays numerous images, texts, layouts and designs taken directly from Dinix's website located at Dinix.com. This material is protected by copyright law and may not be reproduced, in whole or in part, without the express written authorization of Dinix. Accordingly, Dinix will request within 24 hours that pursuant to 17 U.S.C. § 512 of the Digital Millennium Copyright Act that your web host immediately cease to provide hosting services for this domain.

The violation of Dinix's invaluable copyrights is causing and will continue to cause Dinix to suffer irreparable damage as long as the website remains operational. Therefore, Dinix will be requesting that your web host take the actions prescribed by the DMCA and its AUP by removing and disabling access to the Website if we do not receive a response from you within the next 24 hours.

I declare under penalty of perjury that the foregoing information is accurate. Should you have any questions concerning Dinix's position in this matter, please do not hesitate to contact me


Very truly yours,

Alex Brecher


http://Dinix.com
abrecher@dinix.com
Phone 1-866-www-Dinix
Fax (718) 258-3419

We seen this before on the forums not too long ago..

Did you get this template from TM?

The design was bought from template monster.

Contact TM and get a refund.. This has happened before ..

Sorry

After looking at both designs, the only thing I could possibly see that would be considered "copying" would be the two side menus, their layout. If you would like a bit more of a description I will write one in the morning, to tired at the moment.

http://www.webhostingtalk.com/showthread.php?s=&threadid=228207&highlight=dinix

That should get you started... Looks like dinix and templatemonster have some differences...

Edited.. Got beat to the linking

Look at the left side of Dinix.com, then look at the left side of your site.

Don't worry about it. They cannot force you to do a thing. The very first thing they MUST do is prove they own the rights to whatever they are claiming you are using without permission. Then they have to give you 10 days for the removal or dispute of this item(s) I suggest you read what TM had to say to dinix in this thread, (http://www.webhostingtalk.com/showthread.php?s=&threadid=228207&perpage=30&highlight=dinix%20template&pagenumber=4) their post is the the last one...

Ah, I wasn't going to do a thing anyway. I bought the design, I have rights to it. They can deal with TM.

Yea, tell them to take a run and jump. Their issue is with TemplateMonster and they have no legal standing in such a letter to you. Emails like this can be ignored as it just shows legal ignorance. Only respond to registered mail and even then, that response should probably be to politely piss off. :)

See, that's the thing where it gets 'ugly' though...

Say I go downtown and buy a car... Turns out the car was stolen, and gets taken back by the cops.. Now I'm out money, don't have a product, and it goes back to the original 'owner'.

That's kinda similar to what is being alleged here.

I'd be very careful, as the next 'obvious' target for dinix (or any DMCA issue) is both your upstream as well as the courts...

My suggestion - modify the template, or get a different one without the same shared features. It's not worth it - not for a template. Let TM and dinix handle this between themselves.

IANAL - just my opinion on the issue.

-David

Originally posted by NexDog
Emails like this can be ignored as it just shows legal ignorance. Only respond to registered mail and even then, that response should probably be to politely piss off. :)

Correct - posting this here has confirmed receipt of it though, which I believe is the reason why registered mail is looked at in the way it is.

I was, however, under the assumption that faxes in addition to certified/registered mail are commonly used for DMCA takedown requests. At least it seemed to be when I worked at 'bighostingco'.

-David

Well they yet have no legal standing as I have rights which were granted to me by Template monster. As in cops if they found the guy they would attempt to get your money back with in your legal standing and proof :)

Create a mail filter that bounces anything with "Digital Millennium Copyright Act." in the message.

Email is not a legitimate form of communication for legal matters.

If your filter bounces it, you can safely say you never received it (unless you are unlucky enough to confirm its receipt on a popular public forum :-)

I got it its ignored. Since they have no rights to contact me "_"

I wonder how long it would take to TM to file a law sued against Dinix since Dinix is harassing every TM client who is buying that template BUT to do anything about TM who is selling this template.

I was reading same kind of thread few days about Dinix who was harassing one other person the same way and TM and Dinix both posted thier comments about this matter yet Dinix does it again.

I know it's nothing as of right now, but you should e-mail or phone the person who posted in last thread and tell him the situation.

Just my 2cents.

i do NOT consider the site 2b a rip at all.

yes the left menu is the only thing thats "similar", which displays

Special Offer
Solutions for
Quick Contact

yet their designs r still different.

i wonder if dinix registered trademarks for "special offer", "solutions for" and "quick contact" as it seems 2b a pretty popular thingy going on rite now. :)

I can see similarities but now adays all styles look alike, I mean not every layout can be as unique as the ones that started it in the first place, sure.. now adays someone gets something and then they claim it solely theirs but it is not, some people *cough*dinix*cough* need to just shut it and stop complaining how the world is run.

*I just did not make any sense, ignore me please -_-*

I wonder how long it would take to TM to file a law sued against Dinix since Dinix is harassing every TM client who is buying that template BUT to do anything about TM who is selling this template.

You are assuming here. Never, never assume.

Covered: http://www.webhostingtalk.com/showthread.php?s=&threadid=228207

Originally posted by sanjiv
You are assuming here. Never, never assume.

Please excuse my ignorance and tell me where am I assuming?
There have been 2 cases about same thing has opened to public and I am sure they have send it to many others (The future might be able to tell the right number) or maybe Google.

All I know is those companies are based in US and can be sued for harassing company A's clients.

Yes, I think it all came down to the menu table on the left being similar to that of Dinix's site. Petty is an understatement, imo. :rolleyes:

Maybe ceonex and TM used the same designers at some point?

Originally posted by Aussie Bob
Maybe ceonex and TM used the same designers at some point?

That's EXACTLY what TM claims, although I find it difficult to believe.
I just do not see the same designer making the same product twice w slight changes. So 1 can be sold with a $10k+ package and the other at >$50 for a template. (It just doesn't make logical sense to me...)

Originally posted by Aussie Bob
Yes, I think it all came down to the menu table on the left being similar to that of Dinix's site. Petty is an understatement, imo. :rolleyes:

Maybe ceonex and TM used the same designers at some point?
Absolutely, sure their design cost 10-50k or whatever, but it doesn’t look anything close to http://reddrake.net/ apart from the left menu, and that’s hard to see.

Most hosting designs are similar in most respects, especially in packages… so how is that a rip.

IMO, this is more an issue of ceonex verses TM, when you get right down to it. One builds fantastic custom sites for big bucks, and the other mass markets okaaaay looking sites for peanuts. The general public out there probably won't notice the difference, like we can.

Anyone who thinks the Dinix site [wonderfully constructed site] looks anything like that site from TM, needs to clean their glasses.

Dinix, imo, what you're doing here by going after hosts using a certian template, with similar design elements to your site, is just as bad as mchost trademarking common hosting phrases.

Just my opinion.

Originally posted by alpha
Covered: http://www.webhostingtalk.com/showthread.php?s=&threadid=228207