Found a company using our design to promote affiliate (EXPO) - GoFuckYourself.com

$hurik · 08-05-2003, 04:17 PM

How similar are the 2 designs?

1)
http://www.resident2000.com/gfy/liquid.jpg

2)
http://www.resident2000.com/gfy/xpass.jpg

While I was on the show I found a booth which promoted XPASS affiliate program.

The first design is copyrighted; it was made by our designers? crew. I asked a guy who represented XPAYS if they would be interested in paying us 1k (funny prize) in return for our permission to use the design (flash intro, psd?s, etc).
He responded that they are not going to pay ? cause the original site is not up (as you all know LWI is out of business).

But still this design can be sold.

So my question is - should we shut down their site using the copyright law?
1st Original Design Design used by another company to promote affiliate

afrocreep · 08-05-2003, 04:24 PM

then about 10000 other sites with the same design as yours can shut down your site too?

its a pretty common layout these days

Matt_WildCash · 08-05-2003, 04:26 PM

WTF? That IS NOT copyright infringement dude. 100% all orginial graphics, there design KICKSASS while yours is not nearly the same professional quality. Copyright infringement usually means they take something kickass and make some botched up copy thats not as good.

Xpays design is not an exact copy of yours, if has different design elements and you'd be laughed at for trying to enforce a copyright infringement when there has been none.

The part where you say to the ISP hosting Xpays

"Oh no none of the graphics design of xpays is from my site but look how similiar site 1 is to site 2. Notice the purple, they clearly copied my purple and I want them shut down"

afrocreep · 08-05-2003, 04:46 PM

i like how Driven put it

Serge Litehead · 08-05-2003, 04:48 PM

Second design completely different from LWI's one, the case doesn't stand a chance, it doesn't have any stollen element from the first example, i don't beleive you can sue someone for the same table width or bgcolor if that's the case

Can you get away selling liquid design? Is it not intellectual property of lwi, regardless their current situation?

12clicks · 08-05-2003, 04:49 PM

AND, it looks like you stole the colors from the badge cards belonging to Topbucks.

Rich · 08-05-2003, 04:50 PM

They look totally different to me, besides the layout I've seen 50 other times.

Webby · 08-05-2003, 04:52 PM

Driven:

Thats funny!

We be having copyright on thinking next

gothweb · 08-05-2003, 04:55 PM

Not. The. Same.

Edit: Though I wonder how Apple Legal would feel about your blatant ripoff of Aqua buttons?

$hurik · 08-05-2003, 05:05 PM

If the guy would use this design for anything else but not an affiliate program ? it?s ok with me. But using the similar design for the same product ...
I talked with people on a floor while we were exhibiting ? they said that this design is way too close.

DrewKole · 08-05-2003, 06:02 PM

lol, I think not..

You've gotta somehow be related to Froey_Two, because there can't be 2 people that fuckin retarded, in this industry, in NY.

Zer0 · 08-05-2003, 06:14 PM

The look totally different. There's only a few layouts that really work these days... and well you can't copyright a layout... it's like saying... "I own the rights to turtleneck's, so you have to pay me royalties from each sale"

The only thing that you'd even have a remote case in would be if they were stupid enough to use the same images and text, which I've seen a number of times... straight rips where the idiot was contacted by the original owner and threatened with legal action. The site was gone pretty quick...

Jon2 · 08-05-2003, 06:15 PM

Different designs...Similar colors...

They are not using your design...

Jon

Cyberbum · 08-05-2003, 06:25 PM

You must be joking... same colours but other than that they are completely different

Thrawn$ · 08-05-2003, 06:28 PM

thoose design doesn't look alike

Amputate Your Head · 08-05-2003, 06:30 PM

Quote:

Originally posted by $hurik
If the guy would use this design for anything else but not an affiliate program ? it?s ok with me. But using the similar design for the same product ...
I talked with people on a floor while we were exhibiting ? they said that this design is way too close.

ease up off the crack pipe....

ok with you or not, you have no case.

zzgundamnzz · 08-05-2003, 06:43 PM

They look nothing alike

jimmyf · 08-05-2003, 06:51 PM

what they said

pudcat · 08-05-2003, 07:05 PM

you are dreaming

Juicy D. Links · 08-05-2003, 07:08 PM

Gutterboy · 08-05-2003, 07:20 PM

Heeellllllooooooo McFly! Using the same COLOR SCHEME is not the same as copying the DESIGN.

Have you copyrighted blue & purple with white text or something? lol

Biggy2 · 08-05-2003, 07:26 PM

I heard XPASS actually pays its affiliates

(sorry, i couldn't resist

)

SomeCreep · 08-05-2003, 07:29 PM

Quote:

Originally posted by $hurik
How similar are the 2 designs?

1)
http://www.resident2000.com/gfy/liquid.jpg

2)
http://www.resident2000.com/gfy/xpass.jpg

While I was on the show I found a booth which promoted XPASS affiliate program.

The first design is copyrighted; it was made by our designers? crew. I asked a guy who represented XPAYS if they would be interested in paying us 1k (funny prize) in return for our permission to use the design (flash intro, psd?s, etc).
He responded that they are not going to pay ? cause the original site is not up (as you all know LWI is out of business).

But still this design can be sold.

So my question is - should we shut down their site using the copyright law?
1st Original Design Design used by another company to promote affiliate

I'm no lawyer, but I doubt you'd win in court. Yes, there is a resemblance, but the other desgin is different enough to not be considered copyright theft.

arial · 08-05-2003, 07:30 PM

You're and idiot! You're and idiot! You're and idiot! You're and idiot! You're and idiot! You're and idiot! You're and idiot! You're and idiot! You're and idiot! You're and idiot!

Herb Kornfield · 08-05-2003, 07:31 PM

They are in no way similar Shurik.

There are some colors from the same general family, but, those are just colors, not picure content / text content / etc.

Why bring up All Liquid....its a dead issue I thought

Mr.Fiction · 08-05-2003, 07:33 PM

Please link to a couple of cases where anyone has ever won a lawsuit over the theft of the look of a webpage.

Yahoo would have sued many people years ago if it was possible to win.

Gutterboy · 08-05-2003, 07:37 PM

Quote:

Originally posted by Mr.Fiction
Yahoo would have sued many people years ago if it was possible to win.

Those bastards stole my blue text on white background design!

chodadog · 08-05-2003, 08:18 PM

Is this a joke? Same colours, yes. Similar layout, yes, like about 50 other affiliate programs. Copyright infringement? No.

rooster · 08-25-2003, 07:59 AM

i think stealing layout is a pretty big deal. What if you came up with a real good tgp design or something and someone copied the same exact layout but used different colors and graphics. Id be pissed.

jonesy · 08-25-2003, 09:13 AM

Quote:

Originally posted by Driven
Copyright infringement usually means they take something kickass and make some botched up copy thats not as good.

quality has nothing to do with copywrite infringement.

it has to do with not having the proper permission to use images or trademarks

and

replicating images or trademarks and or using them in a way that the general public would be confused between the original and the copy

WebTitan · 08-25-2003, 09:19 AM

Quote:

Originally posted by $hurik
If the guy would use this design for anything else but not an affiliate program ? it?s ok with me. But using the similar design for the same product ...
I talked with people on a floor while we were exhibiting ? they said that this design is way too close.

DUDE! i am the guy you talked to on the floor...i did say it was similar in color, AND told you our design was done and it was MONTHS before you said that yours was even put online...and THEN you told us this could all go away if we gave you $1000...hmmm....bit suspisious if you ask me...not acussing YOU of anything...just VERY suspisious...

Theo · 08-25-2003, 09:26 AM

different designs

get a life

playa · 08-25-2003, 09:27 AM

you can't be serious,, i don't see anything similar other than where the login box is and the color scheme

Ray@TastyDollars · 08-25-2003, 10:13 AM

Quote:

Originally posted by Biggy2
I heard XPASS actually pays its affiliates

(sorry, i couldn't resist )

lamrobertson · 08-25-2003, 10:19 AM

lol our new site design is the same colors! Gallery Gang

WebTitan · 08-25-2003, 10:27 AM

Quote:

Originally posted by lamrobertson
lol our new site design is the same colors! Gallery Gang

if you pay them $1000 dollars then will leave you alone and you can use that blue color....

FYI...just a joke...sounds a bit silly saying out load does't it...lol

Reak · 08-25-2003, 10:38 AM

Both designs are complete different, only colours and the style is a bit the same. If you call this design copy or steal almost every design is copied or stolen

Strife · 08-25-2003, 11:27 AM

MJH · 08-25-2003, 02:10 PM

$hurik

Im the other guy you talked with at the show stand and the one that told you we were not interested in buying anything from you.

If you have any more problems or questions please dont hesitate to contact me direct at mjh at xpass dot com

MJH
Xpass.com

Matt 26z · 08-25-2003, 03:03 PM

Xpass clearly ripped them off for the idea of the design. Layout is almost exact. Even the color scheme is very similar.

The only thing original are the graphics, which are much better than the first one.

08-05-2003, 04:17 PM	#1
$hurik Confirmed User Industry Role: Join Date: May 2003 Location: Manalapan, NJ Posts: 853	Found a company using our design to promote affiliate (EXPO) How similar are the 2 designs? 1) http://www.resident2000.com/gfy/liquid.jpg 2) http://www.resident2000.com/gfy/xpass.jpg While I was on the show I found a booth which promoted XPASS affiliate program. The first design is copyrighted; it was made by our designers? crew. I asked a guy who represented XPAYS if they would be interested in paying us 1k (funny prize) in return for our permission to use the design (flash intro, psd?s, etc). He responded that they are not going to pay ? cause the original site is not up (as you all know LWI is out of business). But still this design can be sold. So my question is - should we shut down their site using the copyright law? 1st Original Design Design used by another company to promote affiliate

08-05-2003, 04:48 PM	#5
Serge Litehead Confirmed User Industry Role: Join Date: Dec 2002 Location: Behind the scenes Posts: 5,190	Second design completely different from LWI's one, the case doesn't stand a chance, it doesn't have any stollen element from the first example, i don't beleive you can sue someone for the same table width or bgcolor if that's the case Can you get away selling liquid design? Is it not intellectual property of lwi, regardless their current situation? __________________ SilverCrocodile.com Adult web design since '05

08-05-2003, 04:49 PM	#6
12clicks Too lazy to set a custom title Industry Role: Join Date: Jan 2001 Location: God's right hand Posts: 19,810	AND, it looks like you stole the colors from the badge cards belonging to Topbucks. __________________ I'm not a dinosaur, I'm a crocodile. I've seen dinosaurs come and go and I'm left unimpressed.

08-05-2003, 04:55 PM	#9
gothweb Confirmed User Join Date: Jun 2002 Location: Back in the USSA Posts: 8,849	Not. The. Same. Edit: Though I wonder how Apple Legal would feel about your blatant ripoff of Aqua buttons? __________________ Photos by Ian X.: Distinctive photos of goth babes. Blood Money:Your traffic, my sites, our money. MojoHost: Still the best.

08-05-2003, 06:28 PM	#15
Thrawn$ Confirmed User Join Date: Apr 2002 Location: Mtl Posts: 4,596	thoose design doesn't look alike __________________ Tracking 202 \| Start Tracking PPC Campaigns Like A Pro

08-05-2003, 04:24 PM	#2
afrocreep Confirmed User Join Date: Aug 2001 Location: ON, Canada Posts: 1,074	then about 10000 other sites with the same design as yours can shut down your site too? its a pretty common layout these days

08-05-2003, 04:26 PM	#3
Matt_WildCash Confirmed User Join Date: Jan 2003 Posts: 1,699	WTF? That IS NOT copyright infringement dude. 100% all orginial graphics, there design KICKSASS while yours is not nearly the same professional quality. Copyright infringement usually means they take something kickass and make some botched up copy thats not as good. Xpays design is not an exact copy of yours, if has different design elements and you'd be laughed at for trying to enforce a copyright infringement when there has been none. The part where you say to the ISP hosting Xpays "Oh no none of the graphics design of xpays is from my site but look how similiar site 1 is to site 2. Notice the purple, they clearly copied my purple and I want them shut down"

08-05-2003, 04:46 PM	#4
afrocreep Confirmed User Join Date: Aug 2001 Location: ON, Canada Posts: 1,074	i like how Driven put it

08-05-2003, 04:50 PM	#7
Rich So Fucking Banned Join Date: Jan 2003 Posts: 11,486	They look totally different to me, besides the layout I've seen 50 other times.

08-05-2003, 04:52 PM	#8
Webby Too lazy to set a custom title Join Date: Oct 2002 Location: Far far away - as possible Posts: 14,956	Driven: Thats funny! We be having copyright on thinking next

08-05-2003, 05:05 PM	#10
$hurik Confirmed User Industry Role: Join Date: May 2003 Location: Manalapan, NJ Posts: 853	If the guy would use this design for anything else but not an affiliate program ? it?s ok with me. But using the similar design for the same product ... I talked with people on a floor while we were exhibiting ? they said that this design is way too close.

08-05-2003, 06:02 PM	#11
DrewKole Confirmed User Join Date: Aug 2001 Posts: 5,193	lol, I think not.. You've gotta somehow be related to Froey_Two, because there can't be 2 people that fuckin retarded, in this industry, in NY.

08-05-2003, 06:14 PM	#12
Zer0 Registered User Join Date: Aug 2003 Posts: 16	The look totally different. There's only a few layouts that really work these days... and well you can't copyright a layout... it's like saying... "I own the rights to turtleneck's, so you have to pay me royalties from each sale" The only thing that you'd even have a remote case in would be if they were stupid enough to use the same images and text, which I've seen a number of times... straight rips where the idiot was contacted by the original owner and threatened with legal action. The site was gone pretty quick...

08-05-2003, 06:15 PM	#13
Jon2 So Fucking Banned Join Date: Aug 2001 Posts: 2,875	Different designs...Similar colors... They are not using your design... Jon

08-05-2003, 06:25 PM	#14
Cyberbum Registered User Join Date: Jul 2003 Location: NS Posts: 8	You must be joking... same colours but other than that they are completely different

08-05-2003, 06:43 PM	#17
zzgundamnzz Confirmed User Join Date: Apr 2002 Location: Los Angeles Posts: 6,102	They look nothing alike __________________

08-05-2003, 06:51 PM	#18
jimmyf OU812 Join Date: Feb 2001 Location: California Posts: 12,651	what they said __________________ Epic CashEpic Cash works for me Solar Cash Paysite Plugin Gallery of the day freesites,POTD,Gallery generator with free hosting

08-05-2003, 07:05 PM	#19
pudcat Confirmed User Join Date: Mar 2003 Posts: 1,169	you are dreaming

08-05-2003, 07:08 PM	#20
Juicy D. Links So Fucking Banned Industry Role: Join Date: Apr 2001 Location: N.Y. -Long Island -- Posts: 122,992

08-05-2003, 07:20 PM	#21
Gutterboy So Fucking Banned Join Date: Jul 2002 Location: Dis Posts: 4,751	Heeellllllooooooo McFly! Using the same COLOR SCHEME is not the same as copying the DESIGN. Have you copyrighted blue & purple with white text or something? lol

08-05-2003, 07:26 PM	#22
Biggy2 Confirmed User Join Date: Feb 2002 Posts: 1,821	I heard XPASS actually pays its affiliates (sorry, i couldn't resist )

08-05-2003, 07:30 PM	#24
arial Confirmed User Join Date: Jul 2002 Location: Bay Area Posts: 4,012	You're and idiot! You're and idiot! You're and idiot! You're and idiot! You're and idiot! You're and idiot! You're and idiot! You're and idiot! You're and idiot! You're and idiot!

08-05-2003, 07:31 PM	#25
Herb Kornfield Is on the 1 Industry Role: Join Date: Sep 2002 Location: Philly Burbs Posts: 4,996	They are in no way similar Shurik. There are some colors from the same general family, but, those are just colors, not picure content / text content / etc. Why bring up All Liquid....its a dead issue I thought

08-05-2003, 07:33 PM	#26
Mr.Fiction Confirmed User Join Date: Feb 2002 Location: Free Speech Land Posts: 9,484	Please link to a couple of cases where anyone has ever won a lawsuit over the theft of the look of a webpage. Yahoo would have sued many people years ago if it was possible to win. __________________ Don't be lazy, protect free speech: ACLU \| Free Speech Coalition \| EFF \| IMPA

08-05-2003, 08:18 PM	#28
chodadog Confirmed User Join Date: Apr 2002 Posts: 9,736	Is this a joke? Same colours, yes. Similar layout, yes, like about 50 other affiliate programs. Copyright infringement? No. __________________ 26 + 6 = 1

08-25-2003, 07:59 AM	#29
rooster Confirmed User Join Date: Jan 2003 Posts: 2,384	i think stealing layout is a pretty big deal. What if you came up with a real good tgp design or something and someone copied the same exact layout but used different colors and graphics. Id be pissed.

08-25-2003, 09:26 AM	#32
Theo HAL 9000 Industry Role: Join Date: May 2001 Posts: 34,515	different designs get a life

08-25-2003, 09:27 AM	#33
playa Confirmed User Join Date: Feb 2001 Location: atlanta, GA Posts: 6,432	you can't be serious,, i don't see anything similar other than where the login box is and the color scheme

08-25-2003, 10:19 AM	#35
lamrobertson Confirmed User Industry Role: Join Date: Oct 2002 Posts: 475	lol our new site design is the same colors! Gallery Gang

08-25-2003, 10:38 AM	#37
Reak So Fucking Banned Join Date: Mar 2003 Location: 420Calendar.com Posts: 17,920	Both designs are complete different, only colours and the style is a bit the same. If you call this design copy or steal almost every design is copied or stolen

08-25-2003, 11:27 AM	#38
Strife Confirmed User Join Date: Aug 2001 Location: Canada Posts: 4,534	__________________ Buy & Sell Ads on The Most Sexy Advertising Network on the Planet

08-25-2003, 02:10 PM	#39
MJH Registered User Join Date: Mar 2002 Location: UK Posts: 18	$hurik Im the other guy you talked with at the show stand and the one that told you we were not interested in buying anything from you. If you have any more problems or questions please dont hesitate to contact me direct at mjh at xpass dot com MJH Xpass.com

08-25-2003, 03:03 PM	#40
Matt 26z So Fucking Banned Industry Role: Join Date: Apr 2002 Location: ¤ª"˜¨๑۩۞۩๑¨˜"ª¤ Posts: 18,481	Xpass clearly ripped them off for the idea of the design. Layout is almost exact. Even the color scheme is very similar. The only thing original are the graphics, which are much better than the first one.