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Old 03 August 2012, 03:38   #11
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I think its the website owner who is the person you should go after as they are responsible for the content on the site not the designer.

The website owner can then go after the designer to fix the problem or get compensation for problem caused if the designer is at fault for copyright issues.

Legal stuff can be expensive and take time, my advice would be to (and record keep evidence) ask owner to remove content which is in breach of your copyright, give them a reasonable time to respond, if no response try and speak to them. If they are unwilling to address the issue then have your solicitor write to them, if still unwilling then proceed with legal action.

Of course we dont know all the detail so if damage has been done to your business then some more indepth legal action may be requirred.

The point is if it ever goes to court then you would be in a better place if you had made efforts to have it addressed without court action, could show the steps you had taken and could show you gave them the oppourtunity to put it right and had the evidence to back up your points.
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Old 03 August 2012, 03:48   #12
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Originally Posted by boristhebold View Post
I think its the website owner who is the person you should go after as they are responsible for the content on the site not the designer.

The website owner can then go after the designer to fix the problem or get compensation for problem caused if the designer is at fault for copyright issues.

Legal stuff can be expensive and take time, my advice would be to (and record keep evidence) ask owner to remove content which is in breach of your copyright, give them a reasonable time to respond, if no response try and speak to them. If they are unwilling to address the issue then have your solicitor write to them, if still unwilling then proceed with legal action.

Of course we dont know all the detail so if damage has been done to your business then some more indepth legal action may be requirred.



The point is if it ever goes to court then you would be in a better place if you had made efforts to have it addressed without court action, could show the steps you had taken and could show you gave them the oppourtunity to put it right and had the evidence to back up your points.
Agree with all you said and I have the first stage in place with contact with the company and British Marine Federation legal have been involved, I was just looking at all options. Agree with website owner but he/she had to know the problem /copyright to fix it first as they believed designs were OK. I am just guessing but whover did their designs just snatched it off my sites as this was designed for my company.
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Old 03 August 2012, 06:09   #13
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Following the whois site i can see this
Name servers:
ns67.1and1.co.uk
ns68.1and1.co.uk

Does this mean they manage the site or just accept the site for loading to internet.
That means the site is hosted by 1and1. But actually I think 1and1 will be more use than the designer. Here is their procedure for dealing with your issue on sites they host: 1&1 Webhosting FAQ | What should be in the DMCA notice?
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Old 22 October 2012, 12:05   #14
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Updates

After many months of talking with BMF, RYA and seeking some legal help to challenge the company who took over my logo, It appears today the logo has been changed and website for his company is being uploaded with his changes.

Ironic as I had a solicitor lined up for this week with all my copyright logo papers. I am unsure where the change of heart has come from but it will be welcomed. I will keep an eye as still needs a couple of forum changes to be completed
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