NSW Someone has copied my website

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JohnAndrews

Member
27 April 2017
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My website has been up for about 6 months. I was looking at one of my close competitors sites yesterday and noticed that they have copied my website. They have used the same layout, colour shceme and main image as my website. The main image is a stock image my designer got online. Is there anything I can do to get them to change their website or at least the main image so it doesn't look the same as mine? Are they breaking any copyright laws by doing this?

Thanks for any suggestions.
 

Lance

Well-Known Member
31 October 2015
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Hi John,
Do you have a copyright on your website? You can only argue a breach of copyright if your website / logo / design has a copyright attached to it.
 

JohnAndrews

Member
27 April 2017
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0
1
I haven't registered any copyright. The website does say cooyright and have the symbol at the bottom of the page though. Does that count?
 

Lance

Well-Known Member
31 October 2015
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123
2,394
Hi John,
I believe identifying your content as copyright will go towards protecting you, but I'm not sure of the level of protection. The other issue being is that if somebody does steal your designs and concepts (or your whole web design) you would have to pursue a legal action against them and that will be costly.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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I'll stand corrected if someone with more IP knowledge wants to comment, but I don't think you're looking at a copyright issue so much. Perhaps there is for design and layout, if you can prove that it's something out of the ordinary. You won't be able to claim copyright in the image use if they're stock graphics.

Rather, you might be better off looking at it as a passing off issue. Compare the two websites and objectively ask yourself whether a potential customer looking at them would be confused that they were different businesses. If so, you may have the basis for a claim. It's commonplace, then, to send a 'cease and desist' type letter. If that's refused or ignored (and to be honest, it usually is), your next option is to start legal action. Unless there's significant money involved for you, that might not be worth it.
 
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Iamthelaw

Well-Known Member
13 September 2016
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794
Hi John,
Do you have a copyright on your website? You can only argue a breach of copyright if your website / logo / design has a copyright attached to it.
There is no system of registration for Copyright in Australia. Copyright will automatically subsist and in turn grant protection of a 'work' to the author/creator.

The standard agreements for these stock image sites don't usually grant exclusive use of the image. Agree with @Rob Legat - SBPL in that passing off would be the avenue to explore..
 
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Lance

Well-Known Member
31 October 2015
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If you are using a logo or name (and in some cases, a smell, colour or sound) in your business, you may be able to register it as a trade mark. Trade marks can be registered at IP Australia |
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
If you are using a logo or name (and in some cases, a smell, colour or sound) in your business, you may be able to register it as a trade mark. Trade marks can be registered at IP Australia |
Correct but they are two different forms of IP.