I called him today on the phone and totally caught him off gaurd. He played it off as if he didn't know what in the hell I was talking about or who I was. He said he would look into it and call me back. I bet. I'm hoping he'll just come clean and redo his website. I can understand using ideas from someones site, but but flat out copying it is illegal.
Edited by LAPhotoPro.com on Dec 12, 2007 at 04:44 PM GMT
Edited by LAPhotoPro.com on Dec 14, 2007 at 08:51 PM GMT
I looked at both sites and it does appear that they are very similar. They probably used yours as a model. However, I don't see where they stole it. You still have yours unlike some that have had people take their domain name. I don't think they are taking business from you because they are not in your back door. I would take it as a compliment and then delete this thread. Y
..............how did you come across the site anyway? Seems as if the similar colors on the homepage are what's making you jump to conclusions more than anything else.
First, I would remove his photo from this thread. If he has a good lawyer, you may easily get into bigger trouble than him.
Secondly, as has been mentioned above, the sites are similar but not identical. I wouldn't be happy about that either, but this is the internet, and things like that happens all the time. If you are smart, you do some adjustments to make your own site even better and more unique, and then get on with life.
Unfortunately, you cannot always get your rights, and you cannot always win. In this case, the best you can do is being smarter, and being smarter is a lot cheaper than trying to stand up for what you believe are your rights.
Don, I agree with Jorgen. You should take his picture off of your post.
Your photography is more professional, and very good.
You can take him copying you as a compliment, because that would obviously mean he admires your work/design.
He did change words around and certain things, so it'd be kind of hard to nail him on that.
Just know that you are the better/smarter person/photographer, and move on.
To me, it looks like both of you may have used the same template...not really very uncommon. Unless you built yours from scratch, without using any template of any sort, this wouldn't be that unusual. Even then, the possibility of there being a template that is similar to that design which you "thought" you built from scratch is not that impossible (there's a very good chance you got the idea for it after seeing a similar template somewhere else - maybe a totally different kind of business, but still).
Anyway, what I'm saying in a nutshell is...either forget about it or work on making small changes to yours. It's not like he copied your bio or something (THAT would be disturbing).
And I agree with posters above, you really should take his photo down.
Don, I woudn't worry, any guy who puts.... D3..... as his name, is a guy who has no imagination. I have had guys copy my yellow pages ads. The next year I change it completely, so it does not resemble theirs at all. I like your site , very professional. I am sure he will be gone in short order.
Apparently after I called him he immediatley started making changes to his own site. I built my site from scratch. I know for a fact he cloned my design exactly. I won't give away how I found out about it so quick. He must of tripped out though when I called him.
i'll be honest, i like your site better than his. his lifts are obvious, but imitation is a form of flattery so unless you wanna prove in a court of law that he lifted your site, forget about it and move onto making yours even better.
dennisyvette wrote:
I looked at both sites and it does appear that they are very similar. They probably used yours as a model. However, I don't see where they stole it. You still have yours unlike some that have had people take their domain name. I don't think they are taking business from you because they are not in your back door. I would take it as a compliment and then delete this thread. Y
I alos think they are VERY similar - having spent 10-15 minutes doing comparisons some text was lifted directly from one site into the other
The OP has a copyright notice at the bottom of his website - does this mean nothing in the US? I thought of all places you wouldnt want to be on the wrong side of a lawsuit in California!
As a final point - the "imposter" site also works out of San Diego - which the OP also lists in his coverage area, therefore this is possibly where the connection was made. It also then does start to make me wonder if it could actually begin to cost business.
Sure the OP could just redesign his own site to appear different - but if he has worked on a sucessful web format for his business that is paying dividends - why should he be forced to change to allow someone else to profit from his efforts ?
If this were a stolen picture there would likely be calls for capital punishment - but this is still theft of intellectual property of some description !
HOWEVER - unless you are 100% sure of your position I would be very cautious about legal action as from what I understand of the US legal system only the lawyers really win.
A follow up call backed by the threat of legal action over the phone may actually achieve a much quicker, much cheaper and much more satisfactory outcome.
I am not a lawyer, not even American, however I am friendly with a few web designers out there who care as passionately about their art as we do about ours!
All in my foreign, amateur, uneducated opinion of course
Thanks Mark. San Diego is in my coverage area which I'm sure is how he stumbled upon my site to begin with. Not sure what he was thinking. Of course I was going to find it sooner or later. It just so happened to be sooner. But then again they probably don't call him "D3" for nothing.
Funny, as I refresh my browser on his site he keeps making changes.
It's painfully obvious he copied your site... poorly I might add. Screen-grab his entire site, also copy the source-code and have your lawyer write a stern cese and desist letter with option for legal pressure. I'd make a big deal out of this because you both service CA. Copying intellectual property should be tolerated no less than if he stole a photo from your page.
well....stealing code, and reverse engineering it and making something similar are two completely different things. One's legal, and the other isn't. I think this is more a case of 'competition' whipping up something similar. The layouts may be similar, but the components and technologies that his site is built upon is pretty much public domain. Mouse Overs, etc. Displaying images? I guess to me it would be like saying I'm amazon and damn that buy.com stole my site. Has a shopping cart and everything
The entrance page is a very common look. His is a bit fancier with a carolsel. Yours has lots of content under as you as you scroll down.If he had the same content I would say copy. His is only one page so
I would say is is not a copy.
The second is closer but still not a copy. I know I have seen simular wording as I look at sites.
Don't think everying using simular web template purchased with web programs can be called copies with different content.
c'mon guys! This is as close to a copy as you can get. Of course the D3 site had to have its content changed a little, it wouldn't make sense to steal someones web design and use THEIR pictures and contact info.
But this isnt even the real issue at hand. OP, hope you took some screen shots before he makes more changes. Im not really sure what you can do.. maybe have your laywer contact his webhost for legal action.
Again he has made several more changes in the last 3-hours. Look for yourself, for those of you who have been watching this thread. I did make a complete copy of his website, because I knew he would do this. I have all the evidence I need to move forward with this if I want to.
- but this is still theft of intellectual property of some description !