Copy of Design

Discussion in 'Affiliate and Program Issues' started by zuga81, Jul 20, 2011.

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    zuga81

    zuga81 Affiliate Guard Dog Member

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    Hi guys,

    few days ago it was pointed out to my attention that our design was stolen.

    onlinebingobonus.co.uk ripped off like 95% of our design and sites concept : bingo-reviewer.com

    these guys seems to be pretty big bingo affiliate in UK, which make things even more disturbing .

    Ive approached onlinebingobonus and asked them to change thier design , but as I expected they dont give a ***

    any thoughts and suggestions on what to do?

    cheers
    CBG
     
  2.  
    zuga81

    zuga81 Affiliate Guard Dog Member

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    any suggestions guys? i know i can not do much legally here, but im already in touch with some affiliate managers, whos brands r promoted by these thieves. I hope they won't support this blatant theft.
     
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    Guard Dog

    Guard Dog Guard Dog Staff Member

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    There are some programs with 'Content Theft' policies in their Terms... .examples that I am aware of from the AGD database:


    1. 32Red Affiliates
    2. Jackpot Capital Affiliates
    3. Aff Europe
    4. Jackpot Games Affiliate
    5. Slotastic
    6. Affiliates United
    7. Integra Partners

    Wish there were more.
     
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    Casinos and Poker

    Casinos and Poker Affiliate Guard Dog Member

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    The websites don't look the same, they are somewhat similar, but I wouldn't be surprised if they have never seen your website before.
     
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    WCD Admin

    WCD Admin Affiliate Guard Dog Member

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    Was thinking the same thing. Similar but its not a copy. It means you have a nice looking site and people are modeling it. Copy would be using the same graphics and same content. Lots of sites look the same, especially those using WordPress, Joomla, and the other big CMS systems (imho) ?

    Take it as a compliment.
     
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    Webzcas

    Webzcas Affiliate Guard Dog Member

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    I looked at both at the same time on my dual monitor setup and I have to say they are not identical. Indeed there are many differences.
     
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    bonustreak

    bonustreak Administrator Staff Member

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    I agree they are not identical they like your set up but did not copy you.
     
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    michael26a

    michael26a Affiliate Guard Dog Member

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    There's not much you can do if someone makes their site similar to yours. Sadly a lot of people in the affiliate industry copy each others designs and ideas (and change them a little bit).
     
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    Christoff

    Christoff Affiliate Guard Dog Member

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    I agree entirely with the above - your design is nice so its a compliment they have used a similar design.
     
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    zuga81

    zuga81 Affiliate Guard Dog Member

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    Hi guys,

    thanx for all the replies.

    However Ill have to respectfully disagree with you here. Its not just the slight resemblance. They basically copied everything from top to the bottom. Header ( even the banner spot at the header, which is the same redbusbingo banner that I had till just recently .. they didnt even bother to change it, so i had to do it on my site ).

    The main intro banner which they made in flash ( we also have it in flash but currently using the slider ), the side 300x250 banner, the site of the month.. review links on the bottom of the page etc.

    they did change the review look, but the concept and design is pretty much stolen.

    Anyway thanx again for all replies.
    CBG
     
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    lojo

    lojo Banned

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    Wow, as an artist and content provider I feel for ya! Would I be able to provide client X and client Z those two flavors and not be branded a hack? I don't think so.

    Just curious... did you actually copyright the site by filing papers and paying a fee (in which case actual and PUNITIVE damages could be awarded) or did you just 'mark your work' in which case only actual damages are possible (and very difficult to prove)?

    Either way, I hope everyone who has something original takes the time to do the right thing to protect themselves. File your copy rights!
     
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    lojo

    lojo Banned

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    As a quick aside (and not self promotion, my plate is full) All of the content I currently deliver is classed as "Work for Hire" meaning the purchaser retains all copyrights unless other agreements such as fair use as portfolio, or percentage of revenue are in place.

    I'm not a lawyer but have a fair understanding of US copyright law since 1978 and if anyone has questions please PM me and I may be able to direct you to the appropriate information; including scholarly debates, case law, and of course copyright dot gov/help/faq

    The important thing is that you protect your property if you value it. All the opinions in the world about the OP's complaint mean nothing in the world of assets if there are no legal channels to redress their grievance.

    If, as they stated, they are the creator or owner of the rights to that 'flavor' and a "fairly big" competitor came along and 'flattered' them by copying it - AND the work has actually been registered... well I'd be getting in their corner because it sets a precedence, doesn't it?

    Is your work original? Is it valuable property? Do you trust your providers? What was it, vanishing angel casino or sum-such-crap that copied whole T&C and promotions from someone else then tried to lay it off on "outsourced independent content providers"? You guys have enough headaches right now.

    And what was that junk bond copyright shyster outfit operating out of vegas on contingency? Didn't they take the bodog domains? Don't think the conglomerates won't pull crap like that when its time for them to "take their rightful place" in the market.

    I'm just saying, protect your property within the system that is available now. It takes like $35 in fees and maybe half a days work if you have a database, more if you don't even know which sites are yours or who you promote (yeah right).

    Good luck folks, I said my piece, I hope it did some good.
     
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    lojo

    lojo Banned

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    A quick opinion for what it's worth. They STOLE your work based on this description copryright.gov/circs/circ14.pdf
     
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    Aussie-Dave

    Aussie-Dave Former AGD Member

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    I'm no lawyer either - far from it, fighting cases such as this even if both parties were USA based, (and is the OP from the US?) is insanely costly, not to mention there is no clear cut case for winning on matters like this.

    However the complaint refers a site in another country and thus blows legal costs out the window. That's generally why these type of cases are only fought over by large corporates, public limited companies...et al.

    Albeit the site in question is not a clone of the OP's site - I do believe we've established that. But there are more than a few similarites. The OP has a branded Trademark. If anything when taking that into consideration IMO it does present some curly issues.

    It's exactly why these type of legal battles are costly, it comes down to personal interpretation of what is similar, overall concepts etc..etc, damn hard things to fight for in court if it's not a 100% copy cloned - even then it can come down to who you have fighting for you in your corner to whether you win the case or not!

    One other point (though I'm sure the OP will disagree) is it could be pure coincidence the sites look similar.

    From a pure facts based opinion, the OP's domain was first registered in Creation Date: 21-mar-2006.

    Whereas onlinebingobonus.co.uk Registered on: 06-May-2007.

    Checking the waybackmachine doesn't really offer much help, the last record for onlinebingobonus.co.uk (April 2009)
    Online Bingo Bonus | Free Online Bingo Games | UK Bingo

    Checking for bingo-reviewer.com (Jan 2010)
    Bingo Reviewer - Online Bingo Site - UK Online Bingo - Free Bingo Game - Internet Bingo

    Both are using different site designs back then.

    Just my 2 cents worth.


    Cheers

    :)

    Dave
     
    Last edited: Jul 24, 2011
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    lojo

    lojo Banned

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    I was just trying to be dramatic to help people catch a clue. i won't argue with you Trezz. I have utmost respect for you calling 3Dice out and Nifty for standing by them when you did. Should we ask Enzo if Blizzard people gave the internationally recognized "copyright" thumbs up? I don't think so. Thefdt is theft and it is easily recognized.
     
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    lojo

    lojo Banned

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    Back Story

    Aussie Dave called a out a "shaky? shadY? whatever unknown casino provider called 3Dice and lojo and Nifty defended the Dome. AussieDave was right to call it and lojo and Nifty were right to defend it. Those days are gone. I just wanted to be sure i knew with whom i was dealing with as we go down this neon road.


    All that aside, many good points but I still insist that if the likes of calvin aire can land a fisrt license you guys really have things to think about.
     
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    lojo

    lojo Banned

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    us COPYRIGHTS PREVAIL IN CERTAIN INTERNATIONAL LAW. Lets push the river, huh? punks lol i get the joke really, haha. I re and defer to the law
     
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    TGP

    TGP Affiliate Guard Dog Member

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    Hey Mate,

    There are 2 things i can say about this: (I'm sure my comment will get you mad but honestly this is the way it is)

    1. Don't design your site in WordPress, they all look the same and easy to copy. Invest a little more in designing, you can outsource it easily through AGD - he knows all the best people for the job, you can also contact Beam Team Studio - Web Design, Web Development and Search Engines Optimization they are great!
    2. There is not much you can do to this site, except link exchange, after all there is money for everyone!

    All the best
     
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    OBC

    OBC New Member

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    Hello

    Its Rob from Onlinebingobonus.co.uk, thought I'd better come and comment as I am getting my nuts kicked here. :eek:

    I can assure you our site code, images and content is 100% unique, we have gone so far to make it 100% HTML5.

    Yes I do see that both sites are similar, the header is brown and some widgets are in the same positions, but its not 95% ripped like you say.

    Its really not that I do not care, but I and others on here have pointed out there are similarity's, but that's about it, I am hardly going to change my design because of that.

    You site does look good, and I am sure people (maybe my designers also) have used it for inspiration, but its not copied or I would be complaining to the design company that made it for me.

    Yes we both have brown headers, but they are not the same shape or design as far as I can see. The top 468x60 banner position, yes we had Red Bus Bingo banner (which is supplied but the operator). They offered us extra commission for adding it there for a month, maybe they done the same with you?

    Ours is not made in "Flash" its HTML5 (and I looked at the image size, which is different), the banner size is standard for the sidebar width in Wordpress, most bingo sites have a site of the month widget and list there reviews at the bottom of page, I could list 20 sites that do the same.

    I would be concerned if my design company copied another affiliate site, but in this case I think they are different enough. Sorry for the stress its causing you, but I can not justify changing it.
     
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    lojo

    lojo Banned

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    So this site was created with what we used to call a wysiwyg editor or off a template like wix or something in between? There was no coding involved? Okay, I get it now, I think. I'll save my passionate rants but the cautionary tone remains.
     

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