NSW Someone has copied my website

[JohnAndrews]

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]

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]

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]

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]

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.

 

[Iamthelaw]

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..

 

[Lance]

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]

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.