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They say imitation is the sincerest form of flattery

Chris Thompson, Marketing Coordinator at 9:16 am on Wednesday, April 11, 2007

Side by Side Comparison

One of the greatest things about the internet is its free and open nature. Unfortunately, some people take the “free and open” part too literally.

On Monday, one of my colleagues received an email from a company touting their new website (I’ve concealed their identity because I don’t believe they had any malicious intent). When my colleague clicked the link, he noticed something surprisingly familiar; the company’s “new” website contained many elements identical to the QC Industries site. You can see the similarities in the side by side screenshots above.

Don’t get me wrong, we’re flattered that someone liked our website enough to copy it. But this site isn’t a template we bought somewhere and repurposed for our needs; it was built from the ground up by our internal web design/development team. We spent countless hours and cups of coffee to build a custom site that met the unique needs of QC Industries and its customers.

We intentionally built the site so that it would be easy to change in the future. Unfortunately, this made it very easy for this company’s web designer to copy the HTML and CSS source code from our site and make some very easy changes to turn it into a site for another company.

How can we tell this was copied and not an independently created derivative? Many parts of the CSS code contained specific references to things on our site, such as:

#conveyor-selection-guide td a {…

and

…body#conveyors #nav-conveyors dl…

Those are odd lines to include in their CSS, considering they don’t sell conveyors (you can compare our CSS file to theirs). Many of the graphics from our navigation and headers were also copied wholesale, without so much as changing the file names. Even the text describing their newsletter was identical to ours.

Our entire website is copyrighted (and has been since we published it last July). This copyright covers not only the text of our site, but the images, design and code as well. This “copy” of our site equates to theft – the theft of thousands of dollars worth of work on the part of our web design team.

blue-screenshot.jpgOn Monday, our General Manager asked the company to remove the infringing portions of their site. In response, their designer changed the colors of the graphics to blue and removed a few of the most incriminating lines from the CSS code (see the screenshot at right and their updated CSS). Even though these changes make it a little less obvious that the site design was copied wholesale, it leaves intact several of the most proprietary and time-consuming portions of our design, such as the left side navigation and its flyout product descriptions (which are loosely based on the Suckerfish dropdown technique, but contain a significant amount of proprietary code and images to create the final effect).

It’s unfortunate that this company’s designer chose to charge them “several thousand dollars” for something as simple as copying and pasting our proprietary look and feel, code and graphics. Our sincere hope is that the company is able to develop another site without significant harm to their business and without infringing on our copyrights.

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10 Comments »

Trackback by Anonymous

April 11, 2007 @ 9:59 am

B2B Website Thief Caught Redhanded!…

This B2B company found another company copying their website — and caught the thief redhanded. Copying someone else’s website is considered theft!…

Comment by steve

April 11, 2007 @ 11:49 am

It isn’t exactly a design that breaks new ground… if you guys had the coolest new web layout to hit the streets maybe it would afford this type of complaint, but as it stands, that layout comes standard with WYSIWYG web editors, and no… copying someone’s website is not considered theft.

Comment by Chris Thompson

April 11, 2007 @ 12:53 pm

Steve, I’m not saying the design breaks any new ground, but it most certainly doesn’t come standard with any WYSIWYG web editors.

Comment by Jooka

April 11, 2007 @ 2:13 pm

They invested work in a website and some competitor comes and copies it. That’s not okay.

Comment by Jonathan Bailey

April 11, 2007 @ 4:58 pm

First off, I am very sorry to hear about this situation. It’s becoming, very sadly, more common.

If you wish, you can email me with the information and I will look at it to see what can be done. There’s a good chance that I can get the offending site shut down or, at the very least, removed from the search engines.

I’m sorry again that this has happened to you.

Comment by Brian

April 11, 2007 @ 5:40 pm

no offense but they teach you to make a site exactly like that in introductory media arts class. sorry you spent a lot of time working on it. maybe you should have spent a lot of more time learning new ways to design and produce websites but that is very plain site.

Comment by Unbelieving

April 11, 2007 @ 5:45 pm

Glad you opened it to comments.

My god, your design is like about the same as hundreds of templates I have seen.
Company name on top
buttons on left
picture in middle
content below
footer

A very useful and nice layout
that on thousands of sites!

Did you make the design all yourself without a template
totally original ideas?
sorry I dont believe it

look here
http://www.freewebtemplates.com/download.php?id=4779&t=t
maybe they stole it
and here

http://www.freewebtemplates.com/download.php?id=4774&t=t

Maybe the did copy your code.
considering the CSS evidence it may be

or maybe a template shop stole it
and they bought it.
unlikely but possible?

Who cares, its like stealing a drink of water from your garden hose!
find something real to whine at the world about.

Comment by Very Nice Website

April 12, 2007 @ 2:11 pm

You have a very nice site, and you spent countless hours and consumed a lot of coffee creating the rich ‘content’, which is the part that makes your website great. Your use of flash, imagery, and content is the truly outstanding portion of your website.

As far as the layout, it is fairly common, and similar to many others of the millions of sites on the Internet. It uses a very traditional layout of logo on top, menu on the left and content on the right-sided body.

The interesting menu scheme is from Suckerfish dropdowns, which have been fine tuned by you, as well as by many others and freely available. Cascading style sheets are the creation of The World Wide Web Consortium (W3C), and simply control the placement of content in the page, font size, etc.

There are thousands of similar templates available for free and for the typical price of around $45.00 - $65.00. Gradients and backgrounds are also freely available anywhere, or take just a few minutes to create.

Your time may be better spent concentrating on promoting your products, and taking the imitation as the most sincere form of flattery.

Comment by Chris Thompson

April 12, 2007 @ 2:55 pm

VNW, I believe you’ve missed the point. It is the creative (or not very creative, I’ll leave that up to you) combination of all those elements that makes a website unique and differentiates it from the competition.

At no point have we laid claim to the Suckerfish Dropdowns technique, nor have we laid claim to the creation of the CSS standard or the “logo on top, menu on the left and content on the right-sided body” design. We have laid claim to our unique implementation of the Suckerfish menus combined with our unique implementation of CSS combined with our unique graphics. Had this “designer” copied our dropdown menu implementation and added their own creative twist with different gradients, graphics, bullets, etc., we would not be having this discussion. However by copying – in full – our dropdown/flyout code, our CSS, and our graphics (without so much as changing the file names!) they have infringed upon our copyrights.

Let me ask the question this way: if a company named TC Corporation were to create a logo with a magenta/violet gradient (those are freely available on the web, no doubt), with a T inside that gradient, overlayed with a cursive “C” (it’s a letter of the alphabet, we can’t lay claim to that) in the same arrangement that we have in our logo, would we not have a claim of infringement against that company?

Comment by Mario

May 1, 2007 @ 4:46 pm

Trademark Infringement and Copyright Infringement are not the same thing. You cannot trademark a website design. Your logo “what if” is therefore immaterial.

As someone who has worked in publishing in quite some time, let me offer you a piece of advice on this…

People are going to rip off copyrighted material all the time — that’s because they rarely see it as a crime in their own minds. You yourself have probably done it, as have I. (Anyone remember Napster?)

So what are you going to do about it? Nothing. Why? Because it costs a lot of money to pursue a Copyright Infringement case. Therefore, unless the infringing entity is doing a lot of damage to you (e.g., they were a direct competitor hoping to confuse potential customers), it ain’t worth the effort to pursue it legally. Trust me on this — the legal fees just to pursue a simple “cease and desist” effort until it results in a signed agreement will run you $30K or more. (Of course, you can always try to bluff and hope the infringer goes for it.)

That being the case, there isn’t a damn thing you or your GM can do about these guys. The sooner you learn to live with that, the less stress you will have in your life. Not saying that to be mean — I understand your pain. Just giving you the pragmatist’s view. :-)

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