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	<title>Comments on: They say imitation is the sincerest form of flattery</title>
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	<link>http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/</link>
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	<pubDate>Mon, 08 Sep 2008 00:55:41 +0000</pubDate>
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		<title>By: Mario</title>
		<link>http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-6219</link>
		<dc:creator>Mario</dc:creator>
		<pubDate>Tue, 01 May 2007 20:46:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-6219</guid>
		<description>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. :-)</description>
		<content:encoded><![CDATA[<p>Trademark Infringement and Copyright Infringement are not the same thing. You cannot trademark a website design. Your logo &#8220;what if&#8221; is therefore immaterial.  </p>
<p>As someone who has worked in publishing in quite some time, let me offer you a piece of advice on this&#8230;</p>
<p>People are going to rip off copyrighted material all the time &#8212; that&#8217;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?)</p>
<p>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&#8217;t worth the effort to pursue it legally. Trust me on this &#8212; the legal fees just to pursue a simple &#8220;cease and desist&#8221; 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.)</p>
<p>That being the case, there isn&#8217;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 &#8212; I understand your pain. Just giving you the pragmatist&#8217;s view. <img src='http://www.qcindustries.com/blog/wp-includes/images/smilies/icon_smile.gif' alt=':-)' class='wp-smiley' /></p>
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		<title>By: Chris Thompson</title>
		<link>http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-4868</link>
		<dc:creator>Chris Thompson</dc:creator>
		<pubDate>Thu, 12 Apr 2007 18:55:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-4868</guid>
		<description>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 &lt;i&gt;all&lt;/i&gt; 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 &lt;i&gt;have&lt;/i&gt; laid claim to &lt;i&gt;our&lt;/i&gt; unique implementation of the Suckerfish menus combined with &lt;i&gt;our&lt;/i&gt; unique implementation of CSS combined with &lt;i&gt;our&lt;/i&gt; 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, &lt;i&gt;and&lt;/i&gt; 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?</description>
		<content:encoded><![CDATA[<p>VNW, I believe you&#8217;ve missed the point. It is the creative (or not very creative, I&#8217;ll leave that up to you) combination of <i>all</i> those elements that makes a website unique and differentiates it from the competition.</p>
<p>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 &#8220;logo on top, menu on the left and content on the right-sided body&#8221; design. We <i>have</i> laid claim to <i>our</i> unique implementation of the Suckerfish menus combined with <i>our</i> unique implementation of CSS combined with <i>our</i> unique graphics. Had this &#8220;designer&#8221; 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, <i>and</i> our graphics (without so much as changing the file names!) they have infringed upon our copyrights.</p>
<p>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 &#8220;C&#8221; (it&#8217;s a letter of the alphabet, we can&#8217;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?</p>
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		<title>By: Very Nice Website</title>
		<link>http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-4865</link>
		<dc:creator>Very Nice Website</dc:creator>
		<pubDate>Thu, 12 Apr 2007 18:11:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-4865</guid>
		<description>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.</description>
		<content:encoded><![CDATA[<p>You have a very nice site, and you spent countless hours and consumed a lot of coffee creating the rich &#8216;content&#8217;, which is the part that makes your website great. Your use of flash, imagery, and content is the truly outstanding portion of your website.</p>
<p>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. </p>
<p>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.</p>
<p>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.</p>
<p>Your time may be better spent concentrating on promoting your products, and taking the imitation as the most sincere form of flattery.</p>
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		<title>By: Unbelieving</title>
		<link>http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-4826</link>
		<dc:creator>Unbelieving</dc:creator>
		<pubDate>Wed, 11 Apr 2007 21:45:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-4826</guid>
		<description>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&#38;t=t
maybe they stole it
and here

http://www.freewebtemplates.com/download.php?id=4774&#38;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.

</description>
		<content:encoded><![CDATA[<p>Glad you opened it to comments.</p>
<p>My god, your design is like about the same as hundreds of templates I have seen.<br />
Company name on top<br />
buttons on left<br />
picture in middle<br />
content below<br />
footer</p>
<p>A very useful and nice layout<br />
that on thousands of sites!</p>
<p>Did you make the design all yourself without a template<br />
totally original ideas?<br />
sorry I dont believe it</p>
<p>look here<br />
<a href="http://www.freewebtemplates.com/download.php?id=4779&amp;t=t" onclick="javascript:urchinTracker ('/outbound/comment/www.freewebtemplates.com');">http://www.freewebtemplates.com/download.php?id=4779&amp;t=t</a><br />
maybe they stole it<br />
and here</p>
<p><a href="http://www.freewebtemplates.com/download.php?id=4774&amp;t=t" onclick="javascript:urchinTracker ('/outbound/comment/www.freewebtemplates.com');">http://www.freewebtemplates.com/download.php?id=4774&amp;t=t</a></p>
<p>Maybe the did copy your code.<br />
considering the CSS evidence it may be</p>
<p>or maybe a template shop stole it<br />
and they bought it.<br />
unlikely but possible?</p>
<p>Who cares, its like stealing a drink of water from your garden hose!<br />
find something real to whine at the world about.</p>
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		<title>By: Brian</title>
		<link>http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-4825</link>
		<dc:creator>Brian</dc:creator>
		<pubDate>Wed, 11 Apr 2007 21:40:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-4825</guid>
		<description>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.</description>
		<content:encoded><![CDATA[<p>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.</p>
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		<title>By: Jonathan Bailey</title>
		<link>http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-4823</link>
		<dc:creator>Jonathan Bailey</dc:creator>
		<pubDate>Wed, 11 Apr 2007 20:58:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-4823</guid>
		<description>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.</description>
		<content:encoded><![CDATA[<p>First off, I am very sorry to hear about this situation. It&#8217;s becoming, very sadly, more common. </p>
<p>If you wish, you can email me with the information and I will look at it to see what can be done. There&#8217;s a good chance that I can get the offending site shut down or, at the very least, removed from the search engines. </p>
<p>I&#8217;m sorry again that this has happened to you.</p>
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		<title>By: Jooka</title>
		<link>http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-4813</link>
		<dc:creator>Jooka</dc:creator>
		<pubDate>Wed, 11 Apr 2007 18:13:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-4813</guid>
		<description>They invested work in a website and some competitor comes and copies it. That's not okay.</description>
		<content:encoded><![CDATA[<p>They invested work in a website and some competitor comes and copies it. That&#8217;s not okay.</p>
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		<title>By: Chris Thompson</title>
		<link>http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-4808</link>
		<dc:creator>Chris Thompson</dc:creator>
		<pubDate>Wed, 11 Apr 2007 16:53:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-4808</guid>
		<description>Steve, I'm not saying the design breaks any new ground, but it most certainly doesn't come standard with any WYSIWYG web editors.</description>
		<content:encoded><![CDATA[<p>Steve, I&#8217;m not saying the design breaks any new ground, but it most certainly doesn&#8217;t come standard with any WYSIWYG web editors.</p>
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		<title>By: steve</title>
		<link>http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-4804</link>
		<dc:creator>steve</dc:creator>
		<pubDate>Wed, 11 Apr 2007 15:49:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-4804</guid>
		<description>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.</description>
		<content:encoded><![CDATA[<p>It isn&#8217;t exactly a design that breaks new ground&#8230;  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&#8230; copying someone&#8217;s website is not considered theft.</p>
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		<title>By: Anonymous</title>
		<link>http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-4801</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 11 Apr 2007 13:59:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.qcindustries.com/blog/2007/they-say-imitation-is-the-sincerest-form-of-flattery/#comment-4801</guid>
		<description>&lt;strong&gt;B2B Website Thief Caught Redhanded!...&lt;/strong&gt;

This B2B company found another company copying their website -- and caught the thief redhanded. Copying someone else's website is considered theft!...</description>
		<content:encoded><![CDATA[<p><strong>B2B Website Thief Caught Redhanded!&#8230;</strong></p>
<p>This B2B company found another company copying their website &#8212; and caught the thief redhanded. Copying someone else&#8217;s website is considered theft!&#8230;</p>
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