Is this as despicable as I think it is?

[metalman]

It seems he is a veritable polymath, what with wedding photography, making wooden models, and genealogy.

 

It's correct that unless you have protected your name in some way, he is free to call his page exactly the same. What is a lot more dubious is the distinct similarity of the text on his page.

 

If you didn't want to sell the website as a going concern, could you not link up with another genealogist and carry it on?

[hennypenny]

It seems he is a veritable polymath, what with wedding photography, making wooden models, and genealogy.

 

It's correct that unless you have protected your name in some way, he is free to call his page exactly the same. What is a lot more dubious is the distinct similarity of the text on his page.

 

If you didn't want to sell the website as a going concern, could you not link up with another genealogist and carry it on?

 

Yes, I guess he can use it if he wants. I still don't have to like it though.

 

I am not well enough to carry on with genealogy unfortunately, as I have ME giving me brain fog, my memory can't carry details long enough to check up records,and clients tend to expect you to be able to remember them from one phone call to the next

[Treatment]

Reprehensible behaviour.

[mattlollar]

wow, that is unbelievable, it is almost identical!

[dell12]

That's pretty bad. He's just changed a few words.

 

I'd sign his email address up to spam.

[floyd77]

Use of the words 'reseaching relatives' is not what you should be concerned about as that is quite valid. This is a case where the content has quite blatantly lifted from your website. This is theft.

 

The person may claim that there is no copyright notice displayed so they thought they were ok to use your content, and while that may be good for an argument, its no excuse - and certainly no defence.

 

I've seen / dealt with many cases like this - and in most cases a polite email essentially saying 'Gotcha' (eg - I've noticed you have taken and used content from my website, this is copyrighted, please remove it and no further action will be taken) will be enough to get them to remove the content. If not there are other steps that can be taken - these steps are not neccesarily laborious and don't require a solicitor or any huge costs so it's worth persuing. Even if you plan to close your site, I'd still make sure they take down your content!

 

If it's any consolation, the perpetrators website is truly awful so I imagine they dont get much business!

 

Let me know if you need any help.

[Alex C.]

In terms of the title Researching Relatives, it's a section heading, so there's not really anything you can do - it's a generic term as well, so unless protected by trademark, anyone is free to use it as a title. It's also likely that it's a frequently searched for thing on google, and he's just optimised his page to take advantage of that.

 

In terms of the content, it does seem to be a blatant copy. His domain was registered in 2001 but that doesn't mean that the page has been like that since 2001.

 

I personally would give him the benefit of the doubt - send an email to him (email here) and if he doesn't change it or respond, it may be worth getting his host involved as they may be able to take the site down.

[L00b]

Looks like passing off and copyright infringement, at a first quick glance.

 

But to actually do something about it is likely to cost you £££s, unfortunately.

 

And will likely put off any potential buyer for your website.

 

This is a case where the content has quite blatantly lifted from your website. This is theft.

No, it's not. It is (a strong likelihood of) copyright infringement.

In terms of the title Researching Relatives, it's a section heading, so there's not really anything you can do - it's a generic term as well, so unless protected by trademark, anyone is free to use it as a title.

No, it's not. It is an expression (which until not so long ago was) used as a mark in the course of trade. The fact the expression may be considered as descriptive is a potential bar to registration, but that does not necessarily impact a passing off case.

[floyd77]

No, it's not. It is (a strong likelihood of) copyright infringement.

 

You say potato....

 

Plus - don't scare her off with 'its going to cost you'. There are plenty of things that can be done for no, or little cost.

[L00b]

You say potato...

No. If you're going to discuss legal concepts, you have to be precise.

Plus - don't scare her off with 'its going to cost you'. There are plenty of things that can be done for no, or little cost.

Of course. However, and unfortunately, maybe not in her condition .

 

I'm not scaring her, I'm informing her: to do it right (meaning, for a good chance of success), you have to either spend the time (learning/researching/planning/making representations), or hire expertise (which doesn't come cheap).

 

Firing off personal emails/letters etc. will likely have about as much effect as a chocolate fireguard (until and unless you actually issue proceedings). Firing off emails/letters by a legal firm comes at a cost.