[resolved]

[Bolt]

User (owner of Elite Ranks): Owner

The issue in question:

Elite Ranks has stolen a considerable portion of our signature, and are now using it as a Sythe banner advertisment.

Spoiler: Elite Ranks Bottom Banner

The Dice Life Banner which is being infringed upon:

Spoiler: Dice Life Banner

As can be seen from this image, our banner was created much before the Elite Ranks banner, on 5 November 2018.

Spoiler: Date of Creation for DL Banner

Further Evidence of infringement - they have copied almost all of the slides and most of their content, this is outright copyright infrigment. Here is a still-frame slide by slide analysis and comparison.

Image comparison frame by frame (showing exact text being copied):

Spoiler: Slide 1 Infringement

Spoiler: Slide 2 Infringement

Spoiler: Slide 3 Infringement

Spoiler: Slide 4 Infringement

I am requesting that this particular banner be removed as this is a clear case of copying our signature banner, as well as leading to possible brand confusion at this point.​

 

[Bolt]

Were both banners made by the same gfx artist ?

Spoiler: GFX Artist Response

 

Spoiler: GFX Artist Response

Id ask the gfx artist if they requested the same colors etc. if they didnt it seems like the gfx artist just took the easy way out and edited the other one

 

[Bolt]

Id ask the gfx artist if they requested the same colors etc. if they didnt it seems like the gfx artist just took the easy way out and edited then other one

This clearly shows Coin being the one asking for the near identical text, as well as asking for it to be purple.

 

We have asked for all the features that we have not trying to take anyones signature whatsoever. 99% gambling signatures offer the same advertismenet such as AMAZING COMMUNITY , TRUSTED GAMBLING , DAILY GIVEAWAYS and shit like that. We are not advertising anything that is not featured in the discord or website.

Why purple? Only reason why we did change from blue to purple is because to make difference between blue (website banner) and this new one purple (discord banner) our intention was not to steal anything from anyone.

Background pictures have been taken from our own discord bot & website as well.

But yeah all in all saying that for example "DAILY OSRS & RS3 GIVEAWAYS" is some type of infringement is just not okay because that's a text that any other gambling signature has am I supposed to do maybe "Every 24 Hours OldSchool And Runescape 3 Events" only because there are loads of banners that have that simple text about the daily giveaway advertisement.

Once again I want to mention that our intention was not to steal or copy anything from anyone we have our own reputation and we are not looking to replace that.

 

[Bolt]

We have asked for all the features that we have not trying to take anyones signature whatsoever. 99% gambling signatures offer the same advertismenet such as AMAZING COMMUNITY , TRUSTED GAMBLING , DAILY GIVEAWAYS and shit like that. We are not advertising anything that is not featured in the discord or website.

Why purple? Only reason why we did change from blue to purple is because to make difference between blue (website banner) and this new one purple (discord banner) our intention was not to steal anything from anyone.

Background pictures have been taken from our own discord bot & website as well.

But yeah all in all saying that for example "DAILY OSRS & RS3 GIVEAWAYS" is some type of infringement is just not okay because that's a text that any other gambling signature has am I supposed to do maybe "Every 24 Hours OldSchool And Runescape 3 Events" only because there are loads of banners that have that simple text about the daily giveaway advertisement.

Once again I want to mention that our intention was not to steal or copy anything from anyone we have our own reputation and we are not looking to replace that.

Can you point me in the right direction or back up your claims of the following:

99% gambling signatures offer the same advertismenet such as AMAZING COMMUNITY , TRUSTED GAMBLING , DAILY GIVEAWAYS"

The top Banner on sythe currently:

Looks very similar to me

 

Can you point me in the right direction or back up your claims of "99% gambling signatures offer the same advertismenet such as AMAZING COMMUNITY , TRUSTED GAMBLING , DAILY GIVEAWAYS"

What I was trying to point out those usual texts such as daily giveaways , dicing , legit this and that same as with gold sites but if it really hurts you that much I am keen to change the text so it's not so similar to urs but I am not going to change 2. and 3. for sure because that's simply stupid on the 2. claim those are simply 3 games that are offered and on 2 "daily giveaways" text which is totally fine imo. Even though 1. and 4. are same but those are simply things that are part of the clan but will change if it really matters so much.

 

[Bolt]

Spoiler: Long Quote

There are a few elements to copyright infringement - or in this case, graphical design / word infringement.


These are the two ways to own a copyright on a design.

1. Have a copyright on something, a word, design pattern, color
   
   I doubt this is the case here. Since neither own the word "Runescape", "Gambling", or others. They may own a trademark on their specific clan name, not sure, but that is not used across both signatures so this point is relatively moot.
   
   
2. The second way to own a copyright that is respected by most trademark / patent offices is termed "first use". AKA if I have been using the brand "Apple" for years, someone cannot come trademark it. It is mine to use and I will be granted a trademark for it regardless of when I file it. This is to stop trademark trolls trying to extort money out of people by trademarking brand names that have been on the market but never actually filed.
   
   It is of note that this refers to design as well, but would not apply to above. This would be something that is abnormal, colors are mostly considered fair use unless there are special circumstances.

There are three ways to infringe copyright / first-use

1. Infringe on something that is blatantly copyrighted - moot since in this case no one has done that
   
   
2. First-use trademark, referring to the colors & design.
   
   I think this could be a violation, but I don't think that it would hold up. Nothing about these colors scream to me "oh shit this is a proprietary blend".
   
   
3. Lastly, and the one I think that is violated here, is intent-to-confuse. This refers to, for example, using a red apple on your store and calling it "electronic store".
   
   While it does not violate any of the above, no colors, no exact image, no name, it does confuse the audience. They might believe that this is actually an official apple electronics store because of the similarity.
   
   I know no 1 asked for my two cents, but I think that the images are similar enough that someone would be confused into clicking a DiceLife banner thinking it was actually EliteRanks (super similar colors, words, ect).
   
   It is also of note, that DiceLife is indirectly benefiting from the $ spent on the banner for EliteRanks. Which is also another indicator of when this clause comes into effect.
   
   It is also of note that this clause also applies to subliminal messages such as the colors, and words. People could be like "Damn thats a dank ass Elite Ranks sig", and then they see DiceLife and be like "Shit they got a dank sig, im clicking it". That would also be a form of "grooming" which would apply to this clause.

Are we a law firm or are we trying to simply do justice?

If you want to play that game let me find the LLC I registered in the middle of the carribean island and we can use their copyright laws. Which jurisdiction are these copyright laws from? Are we lawerying up here or simply just trying to make amends.

For all we know, the trade mark law that was copy and pasted by you from law-o-pedia is not even held in my jurisdiction hence the following statement:

The International Court of Justice acts as a world court. The Court’s jurisdiction is twofold: it decides, in accordance with international law, disputes of a legal nature that are submitted to it by States (jurisdiction in contentious cases); and it gives advisory opinions on legal questions at the request of the organs of the United Nations, specialized agencies or one related organization authorized to make such a request (advisory jurisdiction).

If anyone has any lawyers to contact the international court of jurisdiction so we can find out which copyright laws we need to take into effect please.

Let me just end this by saying, Sythe is not a court of law. We are not trying to become lawyers, whilst sometimes this is necessary for contracutal obligations, most reports are to make amends to a perceived wrong committed by User B in the eyes of User A, with a neutral staff to step in and give input/final ruling on what is fair, or considered true justice.

 

[Pendulum]

This is being discussed

 

[Pendulum]

@Owner - This has been discussed and due to the plagiarism the banners are going to need to be taken down and changed. This will remain open until this has been resolved

 

@Owner - This has been discussed and due to the plagiarism the banners are going to need to be taken down and changed. This will remain open until this has been resolved

Changed

 

[Pendulum]

Resolved