Site design ripped off and being resold

[homesonsale]

Hi

Any advice on how to deal with this senario

I own www.homesellnetwork.com and have just discovered this site http://www.phprealestatescript.com/p...plus/index.php who is reselling a property script that uses my design.

I have tried calling him and said I will take legal action to issue a cease & desist letter. He has not replied to my email or called my cell phone to discuss the situation. What he has done is changed the colours, and slightly changed a few bits of text.

The site has had the design since March 2004 see http://web.archive.org/web/*/http://...ellnetwork.com I have asked him to remove this design, but how do I go about dealing with all those who have bought the script and are using the same design?

Whilst the script may look similar it is not the same - I have only got an issue with the design.

Any help gratefully received.

Iain

[Dan Grossman]

If you think you've got a case at all, you could send a DMCA notice to the site owner and the web host and see if either takes down the site. Google a bit and you'll find some notices sent/received and can use one of those for format. Here's the contact info from the domain before he bought private registration to hide it.

Admin Name........... Daniel Boorn
Admin Address........ 941 Marsh Field Circle #304
Admin Address........
Admin Address........ Myrtle Beach
Admin Address........ 29579
Admin Address........ SC
Admin Address........ UNITED STATES
Admin Email.......... daniel.boorn@gmail.com
Admin Phone.......... +1.8436022382
Admin Fax............

The host is DataPipe.com.

Disclaimer: I'm not a lawyer. I'm not qualified to give legal advice.

[tke71709]

how do I go about dealing with all those who have bought the script and are using the same design?

You're going to have contact every person who bought the design and ask them to take them down individually. If they won't then you will have to hit each of them with a DMCA as well. Although it isn't their fault, they still have copyrighted materials that they are using without permission.

Hopefully they can sue the guy who sold them it and cause his life to be a living hell.

[homesonsale]

Thanks guys for your advice - he has already changed the colours, so he is aware that I am on his case. I have also sent out polite emails to those using the script informing them of the fact they are using my design. Drawing attention to http://web.archive.org/web/*/http://...ellnetwork.com and the month of March 2004 when the design changed.

Dan he changed his details yesterday to private, I already had taken screen prints of the site, whois etc ... What sickens me is I paid a fair price for the site early last year.

Once again thanks will look up DMCA notice's

[bigd11]

thats what you have to do ! Gather your case and take him down !!Make sure you have everything to prove it!

[Dan Grossman]

Why did you reply to a 6 month old post?

[spikeZ]

postcount Dan