I have a theme here :
and my theme copied and published as a new theme and started to sell , please check it here :
I tried to support department of Envato, they answered around a week and said send a DMCA about that. I created a DMCA report and send them 2 days ago. They checked it and removed other theme from marketplace.
Yesterday, I received an email form envato support, it says it is a take down notice has been issued against my item, Whip.
I checked DMCA report, it was copy of my DMCA report word by word. Other author copied my DMCA report as well, just changed the names and the URL places…
My theme took down and there is still no response from Envato support.
I said :
Please check publish dates of both theme.
Please check DMCA reports.
If I copied his website, why he sent same DMCA report of mine after my submission?
Please check both items comments section. In which item comments section include “this looks copy of readywpthemes theme” or “too many inspiration from readywpthemes. ” or such a comments as flagged or unflagged
Is there any suggestion for what can I do now?
envato can’t be the judge. Is a mistake many people make. You think: “hey, here are the facts, why don’t you believe me?”
Well is not that they don’t believe you or they don’t want to look at your evidence, is just that legally they need to conform to that DMCA takedown notice.
You should read this page: http://support.envato.com/index.php?/Knowledgebase/Article/View/115/0/a-dmca-takedown-notice-has-been-issued-against-my-item and then send a counter DMCA notice.
Thanks for your reply doru.
I know envato can’t be judge but I think that if it can not be solved till this step?
I thought that when one of the theme reviewer see other theme, he/she may remember my theme (2 different theme reviewer know my theme and checked it before couple of times) and can’t say “your theme is really look like WHIP theme . ” Because couple of users told it when they see other theme. And then they may reject that theme with the reason “a more unique design is required”. Because my theme rejected couple of times with the same reason. I tried a lot to create this design and then someone else created the same design and submit it as a new theme and accepted by same review theme….
Off course I don’t expect to remember all theme submissions by review theme but you know there are not lots of theme with such a design on Themeforest marketplace…
And may I ask what is your opinion about 2 themes design? Are they similar, same or there are some inspirations? I mean, if you a theme reviewer do you accept other theme after my theme if you know my theme before ? I’m just wondering what other people see and think about that…
Sorry for laughing but i have a simular instance where someone purchased from graphicriver one of my items and then tried to say i stole it from them.
The person asked me to remove the item. I obviously just told the person kindly if he/she wanted to go down that route to kindly contact my legal advisors at the address needed and we will commence legal proceedings.
But this does raise a case about idiots who purchase themes, logos etc and then ask for a takedown .
I do know a couple of authors on here who have had someone purchase or copied their items and then Envato have taken theme down because of takedown notice.
Because its a tricky subject, Envato just take it down instead of investigating extensively in regards to who is right and who is a thief.
- EDITED **
Just noticed that Envato have just taken both items down.
Envato are just being safe, at the end of the day they cant be seen as a site that harbours stolen material.
let me understand this.
you sent a dmca takedown notice against an author item and envato removed that item.
that author sent a dmca takedown notice against your item and envato removed the item.
is this correct?
then you need to follow the steps from that support page there is no other option.
just to clarify a small error in my first comment in this thread, I wanted to say that envato can’t be the judge when DMCA takedown request are issued against items.
Off course they can approve or delete items at their discretion as is stated in the membership terms and conditions.
I was speaking about DMCA takedown request only
May I ask what is your opinion about 2 themes design, doru? Are they similar, same or there are some inspirations? I mean, if you a theme reviewer do you accept other theme after my theme if you know my theme before ? I’m just wondering what other people see and think about that. If I’m really obsessive or people also think about this like me?
You are asking question that needs answers not allowed by the forum rules. We can’t discuss what reviewers do and we can’t discuss other author items.