Copy of Entire Website

[ElliotL]

I have a website that's design was copied in its entirety except for content and main logo. The images, coding, and everything else is the same. Even some of the code. I know I am able to sue, but I was wondering what steps I should take. Do I go to small claims court? Do I need a lawyer?

I issued a cease and desist, and the owner refuses. He was also smart enough to register his domain with private registration, so I cant see his address. Do I need to sue his host for that info as well?

Also, how do I document all this stuff so it will be acceptable in a court? You are able to tamper with this stuff, and I just want to make sure. Thanks for your help in advance!

 

[Michael Wechsler]

1 - Is this case large enough that you want to sue? What are your damages?

2 - We don't know that the infringer is worth suing.

3 - The easiest way to take down the site and preserve evidence is to send both (1) a preservation letter and (2) a cease and desist using the DMCA format:

- A statement you are the owner and have the right to act;
- sufficient identification of the allegedly infringing material;
- sufficient information as to the location of the allegedly infringing material so that it may be found and identified;
- the complainant's name, address, telephone number and, if possible, email address;
- a written statement by the complainant of a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement by the complainant, under the penalty of perjury, that the information in the notification is accurate, and under penalty of perjury, that the complainant is the owner or is authorized to act on behalf of the owner of the copyright that is allegedly infringed.

You may also wish to contact the proxy registrar to discuss the process for obtaining the identity of the owner (which may require an information subpoena.)

Best of luck.