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

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

its a pretty common layout these days

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"

:1orglaugh :1orglaugh :1orglaugh

i like how Driven put it :1orglaugh

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?

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

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

Driven:

Thats funny!

We be having copyright on thinking next :1orglaugh

Not. The. Same.

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

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.

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.

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...

Different designs...Similar colors...

They are not using your design...

Jon

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

:eek7
thoose design doesn't look alike

ease up off the crack pipe....

ok with you or not, you have no case.

They look nothing alike :1orglaugh

what they said:Graucho

you are dreaming

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

I heard XPASS actually pays its affiliates :1orglaugh

(sorry, i couldn't resist:glugglug )

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.

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! :321GFY

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

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.

Those bastards stole my blue text on white background design!

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

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.

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

:)

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...

different designs

get a life

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

:1orglaugh :1orglaugh :1orglaugh

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

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 :thumbsup

:1orglaugh

$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

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.