Chinese company with look-alike website
Santa Monica, CA
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Posted 8 months ago in Intellectual Property
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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? - Is this your question? Add additional information Answers (3)Tomas Michael Flores
This attorney is licensed in California.
Posted 8 months ago.
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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. Oscar Michelen
This attorney is licensed in New York.
Posted 8 months ago.
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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.
Jonathan H Levy
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