Someone ripped off my site and put their own copyright mark on it - I am exclusive owner of this design. I asked them to take it down but they are trying to sell the whole site - and misrepresented that the design sells with it!

My Site: http://www.batcave.net

His site: http://www.free-webster.com/

I'd say that's a blatant rip - of which he intends to sell it and profit from it.

JDT

Is the same design...

I can't even acesss that second link........

it is working very slow...

Go to the laywer and make this lammer-riper pay for everything! Charge him/her on everything, from violating pets' rights to the support of terrorism! Ask any perosn who nows the law what can you accuse the ripper of and to attack!
If you can - make sure that some popular newspaper write about the ripper, make it to the mass media. Then, the lamer would be destroyed completely.

http://www.whois.sc/free-webster.com

give him a phone call,
tell him you will take legal action unless
a) he takes the site down/ swaps designs
b) your going to sue him whatever happens
c) he compensates you and removes the design or buys rights to use the design

If you do phone him remain calm and dont go crazy,
hope this helps, if all else fails contact his host
(hostdime, click on ip to get information on the box ip and other info).

Absolute rip.

also tell him that he forgot to add your google's ads..

:smokin:

on the serious note, dont let him/her get away with murder

That sucks, but I bet the first thing he says... is that you ripped his site! lol

Well, it can be very easily proved - just the dates when the author and the ripper posted their sites would differ. The dates of contract with the hosting would differ too.
It would be almost impossible to prove that the author and plagiator knew each other and that the plagiator was the first.
However, a legal warning is very reccomended- the final warning to "turn back or be destroyed".

What would you do if the whois info is fake? Then what? Who do you sue?

Well I did contact him on sitepoint where he was trying to sell the site- he says he got the design from "some guy" on some design forum.

I have asked him to remove the design by the end of today - and contacted his ISP.

JDT

Only thing is differnet, different forums lol... do a whois, find his address, and kick his a**! :D

Originally posted by Pete
What would you do if the whois info is fake? Then what? Who do you sue?

Its against ICANN rules to have wrong domain name contact information.

You'll save energy and time if you take it as a form of flattery and code another one.
You know, it'll probably happen again.

-Scott

I don't consider it flattery - this person stole my design, stole a vbulletin template, stole a copy of vbulletin and tried to sell his website based on false information.

They also may not remove it since they think they have a "right" to ownership of it since they claim they bought it so they now own it - they are either dense or just kids I am not sure yet - but I would guess this is definately not the first time they tried to scam a buyer.

Their attitude towards this situation is..

"Well woopsie ******* dew, i bought it now i have it"


JDT

Originally posted by Pete
That sucks, but I bet the first thing he says... is that you ripped his site! lol

He can not say that because as a web designer I have an agreement with batcave.net. I sent DMCA Infringement Notice already and normally it works fine

Very strange that 10hrs ago Hostdime.com (http://www.hostdime.com)'support said:
"Hello,
I am going to forward this to our admins where they will further assist you with this issue.
Regards,
Justin"

and this illegally used graphics is still online. :unhappy:

Nat

Yah - I also called Dimehost on the phone - they say please wait a couple more DAYS for them to review or even look at my abuse ticket.

I don't know anything about them but this seems a bit unreasonable

JDT