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Chinese company with look-alike website

Asked almost 3 years ago - Santa Monica, CA

I've got a popular dating/connections website here in the U.S. I recently found a Chinese site (on a .cn domain) that offers the same service in China - but they've completely ripped off the look and feel of my site - same fonts, same layout, same design, same navigation - everything!

Now, obviously we're in different markets, so we're not competing with each other (yet) but I don't like this. I know what I can do in the U.S., but what are my options when dealing with a Chinese company and domain?

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Attorney answers (3)

Tomas Michael Flores

Reputation Level 8

Answered almost 3 years ago. Computer Fraud Lawyer in San Jose, CA.

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Before we address the foreign entity issue, we must first look at the protected intellectual property issue. The totality of the copying might be so strikingly similar as to warrant an infringement action. You would have to show the two sites to an intellectual property attorney for such a determination. Generally, however, services, look and feel, layout, and fonts are not protectable. You can't claim an exclusive right on an idea, a look, or a feel.

Next - the foreign entity issue. Where does this company advertise? Who is the company's target demographic? Is the company incorporated in the U.S.? There are ways to use the "long arm of the law" to pull a foreign entity into court in the U.S., but, again - the details of this case, and how the foreign company does business, will dictate whether or not this is possible.

Software and Internet Law

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Oscar Michelen

Reputation Level 15

Answered almost 3 years ago. Intellectual Property Law Attorney in New York, NY.

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Just to add to the prior answer, it sounds like your feelings are more hurt than your business. If this site only competes in China, then it is likely not worth pursuing as it does not compete in your market. If you want to contact a local IP lawyer in your area to send a cease and desist letter and see if they comply, that's about the extent I would recommmend though I would not hold out high hopes that they will cease and desist.

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Jonathan H Levy

Reputation Level 19

Answered almost 3 years ago. International Law Attorney in Washington, DC.

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I somewhat disagree with the previous attorneys, there is a remedy but it is one not in the US Court system. I recommend you take a look at WIPO (World Intellectual Property Organization) remedies. An international firm like mine can advise you further but bascially you may have what is called a domain name dispute or some other form of intellectual property dispute.

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