(Locked) Outrages Copy my own Template - Design & Animations I need help in making a complaint

BenSheppard said
Alright feel free, just thought you could do this through envanto not a court of law.

Seeing as there are thousands and thousands of close templates

Not like this template and Synergy. That is way to close to make it thousands. The court will decide that.

Mediacreed

Good luck waiting like months to decide such a thing.

And, if crying here is all you can do, that’s pretty bad. If someone stole your template, fill in a DMCA to envato support and stop crying on the forums.

FinalDestiny said
Good luck waiting like months to decide such a thing. And, if crying here is all you can do, that’s pretty bad. If someone stole your template, fill in a DMCA to envato support and stop crying on the forums.

Nobody is crying FinalDestiny, oh by the way you wanted to make Synergy with me for WP. So related to the post dear friend. Is it a copy or not. Is it too similar or not. Do you have the time to answer that?

Cheers,
Mediacreed

Maybe you want to contact the author in question first and try to get to an arangement, like him taking the theme down or him paying you a percentage of the theme sales or a flat fee. Directly involving lawyers and a court seems a bit excessive to me and wastes court time better spent on other cases.

I understand your frustration but talking first seems like a better approach. Maybe he really didnt see your item, i didnt check the popular files for half a year and i sure would be happy if someone would contact me first in a situation like this instead of directly giving me the court hammer.

FinalDestiny said
Good luck waiting like months to decide such a thing. And, if crying here is all you can do, that’s pretty bad. If someone stole your template, fill in a DMCA to envato support and stop crying on the forums.

+1

I don’t like his attitude. He is complaining and offending authors instead of sending a DMCA complain and see if his concerns are true. And that is not an “outrageous copy”, maybe he just got inspired. An author on CodeCanyon took my best selling item at that time, changed the colours and uploaded on CodeCanyon. He even wrote almost the same description. That is an outrageous copy. Fortunately, Envato took down the item before making any sales and affecting any buyers.

So, calm down and contact Envato support. They will know how to handle this situation

squaredWeb said
Maybe you want to contact the author in question first and try to get to an arangement, like him taking the theme down or him paying you a percentage of the theme or a flat fee. Directly involving lawyers and a court seems a bit excessive to me and wastes court time better spent on other cases. I understand your frustration but talking first seems like a better approach. Maybe he really didnt see your item, i didnt check the popular files for half a year and i sure would be grateful if someone would contact me first in this case instead of directly giving me the court hammer.

Yes seeking advice always seems to be a waste time. I believe that to be sands in the eyes. This why we compromise on so many things. I strongly don’t believe he didn’t see my template.

I believe he saw the template. Even new users follow the top sellers charts. But that is my opinion.

Let’s call that a sense of mine. So i will seek legal advice.

Let me tell you a story dear friend. I had a problem with a mobile communcation provider. Everybody told me it will be a waste of time to seek legal advice and that i will not win. Well guess what, i did seek legal advice and i won. I was paid back, including damages.

So this is not a waste of time. I will try to consider the human part and contact the author, but if the approach doesn’t work i will not back down.

Thank you for your time to comment.
Mediacreed

Sorry, I cannot find that copycat template you’re talking about (only one template that MAYBE got inspired by yours), so I’ll be silent.

dekciw said
Sorry, I cannot find that copycat template you’re talking about (only one template that MAYBE got inspired by yours), so I’ll be silent.

Thank you for your opinion.
Mediacreed

@mediacreed, with ALL DUE RESPECT mate, your template does look amazing, and there are similarities between yours and that one , but NOT THAT MANY! the simple fact that it’s a theme with a left sided menu and a lot of images doesn’t necessarily mean it’s been stolen! You need to understand that even if you sue the guy, you won’t prove anything with images, videos and who knows what. The only think you could prove something with would be CODE! that means the guy would have to have the same (or similar) classes in his code as you do. Your animation works a bit differently than his (yours is better) and even if he would have inspired himself from your theme, you really can’t do anything more than force his theme out of Themeforest.

Open the first 15 themes of any day and see that at least 2 of them look like they’ve been made by the same guy, the fact is that NOBODY is inventing the world here mate. None of us is either Steve Jobs or Bill Gates, so let’s take a breath of air and calm down. I can show you a few themes from other marketplaces which look similar to yours and I’ve known them for at least 6 months. You’re probably annoyed because you saw the animation, other than that you both have a menu and some photos, there’s not much variety to create.

Anyway, wanted to ask you not to batter Ben for this, he’s helpful here on the forum with all guys and he tried to be the same with you, so stop attacking him please, he’s not an accomplice in this horrible horrible crime.

PS: With time, on TF, the best of us go to the top and the rest sink. That’s why there are only a handful of authors with over 1million bucks earned. So continue doing your great job here and things will be fine.

mediacreed said
So this is not a waste of time. I will try to consider the human part and contact the author, but if the approach doesn’t work i will not back down.

This will happen:

1. You send a DCMA to the author, Envato will take the file down, maybe freeze some funds..

2. The author will send a counter DCMA, claiming that he did not copy your theme, and he will ask that you take down your DCMA notice, or he will throw you in court.. He will pursue Envato with the counter DCMA, so he’ll get his file back..

3. You will accomplish nothing.. These are international waters. You can’t sue someone in another country that easy

It doesn’t matter if you are wrong or right..i’m just saying that it’s not worth it.. Even if you are right.. If you can’t prove pixel perfect details + code rip, you won’t get nothing from this..