Competitor website using my clients product photos and descr

[simbax]

Hi there

I was hoping for some advise from someone who has experienced and resolved a similar problem. Basically, my client (actually it's my brother) has an e-commerce website that I developed for him that sells Angling equipment and lures. He takes all the product photos himself and writes all his own product description. Anyway, he has discovered a competitor site that has stolen some of his photos and even his product descriptions.

What would you say is the best way to resolve this quickly and firmly?

I guess he could just try sending them an e-mail that asks them nicely to remove copied images and descriptions. Or perhaps there is a better firmer approach that they are less likely to ignore?

Many thanks

[mas99]

Blatant breach of copyright. Are they using the images commercially?

You could bill them for the use of your images (google Getty copyright letter for an example of the sort of letter/action).

[jamesuk28]

Cease and desist order, followed by suing the st out of them.

[simbax]

Hi and thank you for the replies.

I've had a google of cease and desist orders and there seems to be a few templates around. Do you think it will suffice to send a self-made C&D letter? Certainly don't want the expense of getting lawyers involved at this stage but obviously the culprit needs to realise we mean business.

Thanks.

[JamieBeeston]

simbax said:

Hi and thank you for the replies.

I've had a google of cease and desist orders and there seems to be a few templates around. Do you think it will suffice to send a self-made C&D letter? Certainly don't want the expense of getting lawyers involved at this stage but obviously the culprit needs to realise we mean business.

Thanks.

Whats the worst that could happen!

[shouldbworking]

has hes hotlinked the images from your brothers site? unlikely, but if he has its time to replace those files with something else

[austin]

I've had to do this a few times on behalf of clients. Send a Cease & Desist with a time scale on it, (48 hrs?).

If they have any sense the images & text will be gone very quickly...

[ytrebil]

Do you not have to Copyright your images? Or is there some sort of law in place already for this sort of thing to protect your own images?

[superlightr]

ytrebil said:

Do you not have to Copyright your images? Or is there some sort of law in place already for this sort of thing to protect your own images?

has (brother has the copyright if he took the photos)

As others have said a C & D letter 48 hrs and dont do it again.

Its probably (almost certainly ) not worth taking legal action.

[DonnyMac]

shouldbworking said:

has hes hotlinked the images from your brothers site? unlikely, but if he has its time to replace those files with something else

Take note of the above, can be very funny if they are 'leeching' the images - ie they haven't saved them on the server, just linking back to your brothers instead.

You should be able to see from his stats if they're being leeched, then take another image of said item replace on he real site and change the orginal hosted image to a... whatever takes your fancy.

Take a screen shot of his site with multiple NSFW images and email it back to him.

[Webber3]

Get the IP address of the site, find out who the hosting company is and report this to them. If you can prove breach of copyright the host should take the site down.

[simbax]

Thank you to everyone for your replies

I wrote a Cease and Desist letter which was sent yesterday via 1st class recorded delivery. I also enclosed some examples of the copyrighted material they were using.

Watch this space!