Just got an email from the owner of this site:

www.liquisoft.com

Complaining that this (customer of mine) site:

www.rubicon-design.com

Is ripping off his graphic (as seen on the opening page).

Now, I do find the two images to be quite similar yet I really don't know if I'd call it a ripoff, but I'm not really a good judge.

How would you handle this one?

The guy also says it has happened before with this site borrowing his work. My inclination is to reply politely that I am not a judge of art and since the 2nd site isn't immediately identical looking I can't really do anything at this point unless I see stronger evidence of copyright violation.

If I were in your situation I would do exactly what you suggested. The image is inspired, sure, but I wouldn't say stolen.

Personally i would agree with you. As far as i can see your customer has probably just used the site for inspiration (i ony looked at the splash screen). He has quite obviously started from scratch in photoshop (or another tool) and tried to recreate the effect - hence another unique 'work of art'.
Just my opinion.
Cheers

Darn - you beat me to it tribby - LOL

So should Ford have sued GM for making a product that has the same shape as theirs?

This is stupid, Round image with a glow, whoopee.

It is a style not a design. Different colors, different letter.

I would tell the complainer that you are held harmless.

Direct the email to your customer, let them fight it out between themselves.

If the owner of the other site, can prove it was ripped. Then take action.

Waiting for a legal letter from a court/lawyer is a good practice, becuase the he said, she said stuff is not really your place to decide in most cases.

That's what I would do :)

- John C.

I dont know really anything about graphics but I would think you would need the psd or whatever to make a copy in a different color and such.. I mean its a glowing circle with a letter in it that would be the last thing I would complain about.. I would do just what you said..

I agree the image is smilar but it is certainly not a rip off. He needs to provide proof of the rip off.
If no-one was ever inspired by anything there would be nothing out there, i dont really believe that anything is 100% original

Tell them that they both use too much glare in their gel buttons and you won't discuss the matter further until they correct this! :stickout

Ok, i want to set the record straight right now. This is absolutley, under no circumstances breaking any rules of copyrights, patents, trademarks, etc... so ON THAT BASIS ALONE it is perfectly legal.

NOW, EVEN IF the author of the graphic were to show legal documentation on the graphic proving it was patented or trademarked then it only proved that the logo (with the Q) is not to be copied. If someone were to COPY and PASTE the image elsewhere, then YES (only if the graphic is legally binded) can it be technically 'copying'. HOWEVER, this is NOT THE CASE. As several of the users in this thread have pointed out, there are no laws broken here. PERIOD. This graphic DEFINATELY had to go back to the drawing board and be redesigned. Thus being removed from breaking any and all copyrighted infringements.

NOW, the ONLY way to TRULEY make a case is for the author of the graphic to have registered that graphic, patented it, AND THEN placed a TM on the ***DESIGN*** (big $$ here). Someone mentioned GM and FORD. THIS is exactly what they spend the big $$ in as well as in secrecy. Oh, i could go on... but to answer your question rather easily: no, this is not copying. I can see where the author is coming from, but legally there's nothing that can be done. I honestly love both graphics and think the blue looks better (but that's just me).

As someone said above. indeed, it is just someone using some method of inspiration. The author of the graphic is prolly just ticket someone made the style look better ;)

Originally posted by ecpHosting NOW, the ONLY way to TRULEY make a case is for the author of the graphic to have registered that graphic, patented it, AND THEN placed a TM on the ***DESIGN*** (big $$ here). [/B]

Sorry to be pedantic but i don't think you can patent a graphic. I will stand corrected if necessary.

Cheers

That action is available for free at AdobeXCHange I believe... I've seen several sites using that type logo after Palm first used it in their logo...

If anyone has rights to that design, it's Palm. :)

www.palm.com

I would simply do nothing in your case as the complaint is based merely on an opinion - not proof (evidence, etc.).

LOL - brilliantly well spotted CDHost
I am sure that Dixiesys has got more than enough ammunition from this thread now.:D

haha I'll say :)

I'm a graphics idiot and frankly couldn't see anything but "similarities" of them to begin with. I can't draw a stick figure personally :)

haha

I'm highly sure, close to positive, that your client did not rip the image.

Something similar to both sites can be created in less than 5 minutes, using Adobe Photoshop.

In addition, many, MANT sites offer a tutorial of how to create something like this.

One of which I'll mention: http://robouk.mchost.com/tuts/tutorial.php?tutorial=lcdorbs

Not a copy, case closed. Invite them to handle it between themselves if they have any further concerns, as others have said.

have you guys actually gone past the intro?? both designs are pretty slick :-)

I like Rubicon Design best though :D

I think liquisoft.com is better for the simple fact it fits my screen 800x600 and doesnt open in a new window.

true... didnt check that..