Help needed ASAP!

[FMS]

Am concerned as I found someone duplicating my site over on ebay:

My site is:

TurnkeyMonster.com

the site in question is:

Turnkeymonster.net

Any ideas on copyright or what I should do?


Thanks

 

[Anthony Ng]

It depends on whether the website sold to you is of EXCLUSIVE design or not. I don't think it is good business practice at all, but this guy is probably taking advantage of a loophole in here. But if DotComBuilder says it is a violation, then it is! And yes, I'll move the site off before taking any action.

 

[FMS]

When I purchased the site it was told to me that it was 1 of a kind. I am also hosting the site with this same person and am shocked they would do this to me.

Furthermore, the affiliate has informed me that the site in question is a copyright infringement.

Still looking for other hosting...

 

[jberryhill]

Where in the original auction description, or in whatever was provided to you after the sale, did the seller state or imply that he/she was assigning either the copyright or an exclusive license in the materials which were the subject of the sale?

Some kind of license appears to be implied, but by what document did you get an exclusive right or license of any kind in the copyrighted materials?

Same question on the trademark. You bought a domain name. Did you also buy the exclusive rights in any goodwill inhering in the name "Turnkey Monster"?

These aren't "loopholes" by any stretch of the imagination. If I sell you a photograph, and I tell you that you can make copies of the photograph and sell them to other people, then that is a FAR CRY from having sold you the copyright in the photograph or an exclusive license to reproduce it. That would be a "loophole" like the Grand Canyon would be a "ditch".

 

[FMS]

First of all the guy made the site illegally by copying files from "affiliate".

It seems that this would infringe on my business and confuse clients.

What to do?

 

[jberryhill]

"First of all the guy made the site illegally by copying files from "affiliate"."

Not surprising.

But the thing you need to understand, the next time you think about buying a "website", is that there are a bunch of different things involved in "buying a website". A copyright does not get transferred simply because someone transfers the copyrighted material, and promises that he won't sell it to someone else. Looking through the auction description, there is nothing that indicates what rights the seller intended to transfer, and it doesn't sound as if you received, or asked for, a signed copyright assignment.

 

[Nameable]

Notify the ebay fraud people

 

[FMS]

Its all been taken care of. The site in question was removed from ebay.

He has been advised by the "affiliate" that he may not sell another site like mine (thank goodness)! Yeah...a win for a DNF Forum member

I'm in the process of moving my site off of his servers. I hosted with him because I have not found a good dedicated hosting package that provides 24/7 technical support and is on the west coast...any ideas on this would be great.


THANK YOU to all who helped on this situation. This forum is truly an invaluable resource. Hope I can return the favor sometime.

 

[iBizStart]

I don't know if this helps but I have seen this same design on atleast 5 or 6 other websites, just with different domain names.

 

[FMS]

I don't know if this helps but I have seen this same design on atleast 5 or 6 other websites, just with different domain names.

Please let me know where these other sites are ASAP.

The last one ended up transfering the domain to me so this one is resolved. Ugh...chasing people around the internet is not my idea of fun.

Thanks for the information and let me know.

 

[iBizStart]

I don't remember the URL's but I first saw that design over a year ago and have seen a dozen or so duplicated.

 

[jberryhill]

"This forum is truly an invaluable resource."

That value is not enhanced by going back and removing the contents of your postings after having obtained answers to your questions.

The thread now contains a number of context-free responses to "Situation resolved and case closed" thus rendering anything that might be learned from the thread to be of approximately zero value to anyone else who might read it.

 

[FMS]

"This forum is truly an invaluable resource."

That value is not enhanced by going back and removing the contents of your postings after having obtained answers to your questions.

The thread now contains a number of context-free responses to "Situation resolved and case closed" thus rendering anything that might be learned from the thread to be of approximately zero value to anyone else who might read it.

All content is up again.. Was finding the information in the search engines and was concerned clients would come in and read the post and not understand the situation, potentially losing customers. However, I agree with you and have resolved the issue.