[soccer]

can they do this???

i went to scriptlance.com to get a graphic artist and found 25, but then one day somethin weird happened....one of the responser email me and said they were the original developer of the website....and I maybe trademark infringing(patent pending) based on my requested web project at scriptlance.com...

the clone is a copy of another website but not to look the same as the orginial website....(cloning) which happens all the time but with different scripts/programmers...so the question(s)....

CAN they SUE? based on same features, ideas, concept?

they didnt mention the patent number(s) or exactly what part they were patent pending....

please make some suggestions to help or advice.....

here is the contract and the other developer/ Also his lawyer comments....
Please forgive my typing/spelling errors.

please NOTE....xxxxx.com(is not the real domain name to protect his website name for now)

OK....please read...

I need JUST a highly skilled and talented graphic designers to help complete a started(Redesign) XXXXXXXX.com

The designer must work with BUT the other programmer(s))they will be install the script and calling the shots to finish project, together…payments is separate.
The colors can be very similar to ‘Gofreelancers.com'
Make it fun to look at, be at, and entertaining like XXXXXX.com

As for the layout—use this link…http://www.agriya.com/templates/free...surfindex2.gif

The text must be provide by you but be able to change by me in the Admin Area.

Important notes: I don't want the user to feel that this is a copycat of XXXXXX.com make the user feel/ see the website look unique. This not just other gambling site is like XXXXXX.com Website phase is “Internet's Clubhouse …Fun for Everyone!!!”—I would like in the Admin Area to be able to change is phase as needed.

All text (simple to use and simple to understand) must be including making this project into a turnkey operation.

Give and provide all features (to the user(s), ADmin and etc) as on XXXXXX.com and more as you can find.

The graphic designer or anyone connected to making this web project is NOT to have any connections, logo, text, link(s) displayed on this website or in the programming code on any page, However, the programmer(s) and etc may show others as template or have other users at their website link over to this website(as an Example).

All rights to these--texts, pics, images, tab buttons, scripts and everything and anything connected to this project must be mine without being charge at a later time. The payment is for anything done from start to finish.

This is no payment to be made until the completion of this project and is approved. I would like full resell rights on the software.

There maybe more changes requested and added to finish this project.

thanks and good luck

--------------------------------------------------------------------------------
Additional Info (Added 11/24/2003 at 12:13 EST)...
EXTRA NOTE!!!!!!!!!!!!! Please Read MORE INFO...

...the project is redesign clone of XXXXXXX.com, NOT programming part unless necessary.

To whom it may concern
(if you are chosen bidder then you need to know,):

Because of some confusion....I have edit some of the project as listed below please read and email any messages for questions. the project is still the same but you( as the graphic designer not as the programmer unless deemed necessary) will assist the programmer already chosen.

...the part where you may be assisting the project is the creating from scratch (DO NOT use already on the internet idea or infringe on other website copyrights)

You must be able to create the following but NOT limited to:
Text for Logo,
Logo design
Icons
Flash intro
Html version
Flash mailer(s)
Html mailer(s)
Flash pics
Designing the layout
Animated character(s)
....etc.

you may use 2-D and or 3D graphics (if you familiar to this type of designing) to enhance anywhere you think is needed.

I would like you also to be able create animated character(s) to be as key symbols or representatives in different areas.

Please keep the text and etc...on each page within your design.

The other programmer will need to call the shots, but if there are any helpful ideas, options, features and you can’t reach or he disagrees then email me.

ok... NOW from the developer/ and his lawyer....

THIS IS NOT A BID OR A SOLICITATION FOR SERVICES. developer/ and his lawyer represents XXXXXX.com, operators of the XXXXX.com web site. The XXXXXX.com web site is protected by a variety of intellectual property rights, including trademark, copyright and patent rights. Your original posting requests that a clone web site be created of XXXXX.com. Your current posting contains some instructions for the graphic designer that you may believe will avoid infringement of our client’s intellectual property rights. However, since there is a patent pending (the XXXXXX.com web site displays the “patent pending” status) on the key functional features of the XXXXXX.com web site, a web site produced in accordance with your posted request would likely raise at least patent infringement issues even if no trademark or copyright rights were being violated. The fact that your proposed web site would contain additional features would not reduce the likelihood of patent infringement. If a web site is launched as a result of work performed in accordance with your postings, our client will pursue all intellectual property rights, including patent rights, against you and/or any company affiliated with the web site, or any entity that uses or licenses the finished work product, and will seek up to triple damages for any activity found to be infringing. Furthermore, damages are also now available during at least some of the patent pending time period and our client would seek such damages as well. Our client would be glad to explore licensing opportunities with you regarding any features of XXXXXX.com. Please direct any correspondence regarding this matter to us.

oh CRAP...i need help or advice there anyone that can me!?!

LOST in baltimore

[Trevor]

Does this other site have a unique corner on the market? Can you note other sites with the same functionality as the "offended" site? Can they, in fact, prove that their code was ripped off by you?

They would have a tough case to proove, unless of course, your site is step-for-step a mirror of theirs.

If they are so interested in protecting themselves, ask for specific documentation on the exact areas they are protecting. You can't patent a <body> tag. Once they tell you where the line is drawn, challenge them on every point. If it's a feature you see duplicated elsewhere on the net, show them that they are not unique by citing several different examples.

Not often do you find a unique feature on any one given website. If they have found a new method for doing something, and if they have taken the appropriate steps to protect those rights, then I say find another niche to go after. But don't sell youself short!

[darkcarnival]

i agree, if they can show proof(aka:a page with the SAME look) then you should change but really a page design cant be protected, at least i never heard of it now if you copied a program and called it your own, THEN its copying. but if you think of it design is really just some colors and graphics and you can get graphics anywhere and have the same chance of getting the same thing as someone else.

but if they didnt show the paten code, then who really knows if it is safe. but for all u know the dude himself wrote that saying he was a lawyer. i say ask fore the code and then see if its real.

[Acecool]

Well, you are requesting a full clone of the site.

Just to look different so I would say yes.

[uBetWHAT.Com]

Originally Posted by soccer

can they do this???

the clone is a copy of another website but not to look the same as the orginial website....(cloning) which happens all the time but with different scripts/programmers...so the question(s)....

CAN they SUE? based on same features, ideas, concept?

they didnt mention the patent number(s) or exactly what part they were patent pending....

please make some suggestions to help or advice.....

uBetWhat.Com is protected by a pending Patent. Our website is the result of an original concept, and as such it can be protected by a Patent.

Patents do not cover specific lines of code or text, but the invention of the idea itself. As such, while it may be possible to write code that is 100% different, if the resulting code performs the same functions, it violates the patent.

If you need specific details about the Patent, we have already provided the contact information for our Patent Attorney, or you can contact the Patent Office yourself.

If you want some legal advice, so some Google searches for patented websites. You'll find that there have been quite a lot of cases. In fact eBay just lost millions of dollars in a lawsuit because it had a patented feature from another website.

[BenWalsh]

Hi


Patents do not cover specific lines of code or text, but the invention of the idea itself. As such, while it may be possible to write code that is 100% different, if the resulting code performs the same functions, it violates the patent.

If you need specific details about the Patent, we have already provided the contact information for our Patent Attorney, or you can contact the Patent Office yourself.

[Nico]

I removed your URL because I don't want you to advertise a website that has nothing to do with the subject of the thread.

And besides that, this thread is 6 years old... and therefore closed.