Getting Email From Loser Competitor

Quit925today

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Here is the deal! I been running multiple Shopify websites and finally found one that is not saturated at all. I found a sports niche in my FB newsfeed:) I set up my store with my exact competitors theme, apps, and layout. My content is spun and I made it look a little different from my competitor. This store has been running for about 5 months and it's growing in revenue. I have the same products as my competitor except for 3 products. Some products are from AliExpress, POD (print on demand) and I package some of my own products.

My competitor emails me and tells me they took screenshots of my website and content and said they are sending a DMCA to my hosting company! They said they own the right to those products I'm making. They're going to contact their lawyers blah blah blah

This is what is pissing them off... I'm producing some products and making them look like theirs with my brand on it. The thing is these sport items are not unique and anyone can do it. I checked etsy (great to find niches:) and they sell something similar but they don't know how to market them. I produced the same necklace as them and put my brand on it (these necklaces are all over the internet).

My competitor been in business since 2013 and all their merchandise is NOT unique but they're making a shit load of money because the market is not saturated.

Can they get me for spun content? The description looks like theirs but I spun the content. Is there a website that shows if they own the patent to those products (they don't) just want to see if something like that exist to the public.

What do you think?
 
They are trying to scare you away. Unless you are doing something illegal ignore them.
Yeah, I figured that. Just wondering if they send a DMCA, could my website be taken down because it looks like theirs? The content isn't word for word. The products are the same anyone can get. Like I said they don't like how I'm producing their exact product but I'm adding different colors, size etc.
 
Yeah, I figured that. Just wondering if they send a DMCA, could my website be taken down because it looks like theirs? The content isn't word for word. The products are the same anyone can get. Like I said they don't like how I'm producing their exact product but I'm adding different colors, size etc.

If the content is not word for word and the product is not unique to them, and there is no patent or trademark infringement, you are probably safe.

On the other hand, there is a chance the host will shut you down while they investigate which is what Bluehost did to me in 2009 or 2010.

Your out on that could be to get offshore hosting so there is no issue at all.
 
If the content is not word for word and the product is not unique to them, and there is no patent or trademark infringement, you are probably safe.

On the other hand, there is a chance the host will shut you down while they investigate which is what Bluehost did to me in 2009 or 2010.

Your out on that could be to get offshore hosting so there is no issue at all.
Thanks BTB. Hosting is with Shopify... than I would have to change platforms which wouldn't work.
 
They can send the letter but that does not mean that your host has to act, well I'm sure legally they are obliged to do something and look into it but they dont have to side with the person sending the letter. I would contact your host first so that you have a name there of someone you spoke to. Then if anything happens you can say. "Hey I spoke to x and he/she told me that I did nothing wrong and that I was OK" blah blah blah. This might give you a little ammo. If someone contacted you and you did nothing then they might look on that as a negative. However if you contact them now under the guise of I am trying to do the right thing and make sure I am not breaking any rules then that could go a long way for you if they do get a complaint.

I have to say though I have been on the receiving end of people basically copying something one of our businesses and it sucks balls. They took it way too far though and pulled some seriously shady shit, got the FBI involved and they were taken down so never underestimate how far some people will go to protect their brand. If this person does own some kind of trademark then they will probably fight a lot harder. So at some point if you get too much shit from this you may want to consider if it's worth it and move on.

But in the meantime congratulations on finding something lucrative, make hay while the sun shines :)
 
They can send the letter but that does not mean that your host has to act, well I'm sure legally they are obliged to do something and look into it but they dont have to side with the person sending the letter. I would contact your host first so that you have a name there of someone you spoke to. Then if anything happens you can say. "Hey I spoke to x and he/she told me that I did nothing wrong and that I was OK" blah blah blah. This might give you a little ammo. If someone contacted you and you did nothing then they might look on that as a negative. However if you contact them now under the guise of I am trying to do the right thing and make sure I am not breaking any rules then that could go a long way for you if they do get a complaint.

I have to say though I have been on the receiving end of people basically copying something one of our businesses and it sucks balls. They took it way too far though and pulled some seriously shady shit, got the FBI involved and they were taken down so never underestimate how far some people will go to protect their brand. If this person does own some kind of trademark then they will probably fight a lot harder. So at some point if you get too much shit from this you may want to consider if it's worth it and move on.

But in the meantime congratulations on finding something lucrative, make hay while the sun shines :)
Thanks! The hosting is with Shopify and they're using Shopify as well. They just personally emailed my business email. It does suck when someone is copying everything on your website... happened to me plenty of times. Geez, I never got the FBI involved... hope it's not something like I'm doing:(

The competitor is just jealous I found "their niche" and I know how to market the product. Yes, I'm using everything from themes to apps like they are. Hey, Shopify offers it to everyone! Like I said they are pissed because I have these sport items produced like theirs but different colors.

How would I know if they have a trademark or patent with this product? I just can't see it because other people sell it... the competitor got the idea from someone else and now I got the idea from the competitor:)
 
So it's you who is copying my website!? I'm in the sports niche but I know we're not competitors:) Anyways, they can't do SHIT! You can use the same theme, apps, layout, discounts etc. If they want their own uniqueness they need to create their freakin apps and theme. You're not copying content word for word? Your competitor seems like he owns the patent and is the next Mark Zuckerberg and is full of himself for writing you a personal email. Yes, it sucks when someone finds your niche and sells the exact products or produces somewhat the same. Your competitor needs to worry about building his website and revenue. Trust me I'm sure he already cried to Shopify and your store has been up for 5 months so you're fine. If the business really grows get yourself a intellectual property lawyer.
 
So it's you who is copying my website!? I'm in the sports niche but I know we're not competitors:) Anyways, they can't do SHIT! You can use the same theme, apps, layout, discounts etc. If they want their own uniqueness they need to create their freakin apps and theme. You're not copying content word for word? Your competitor seems like he owns the patent and is the next Mark Zuckerberg and is full of himself for writing you a personal email. Yes, it sucks when someone finds your niche and sells the exact products or produces somewhat the same. Your competitor needs to worry about building his website and revenue. Trust me I'm sure he already cried to Shopify and your store has been up for 5 months so you're fine. If the business really grows get yourself a intellectual property lawyer.
Haha! I'm sure it's not you who I'm competing against. Don't you have a membership website I thought I read? If I showed you my website and theirs... yes similar but not word for word. I'm actually lowering my product cost which pisses them off more lol. I agree with them thinking they're the next Zuckerberg! Maybe he wants this to be like the movie the social network lol
 
The thing that concerns me is that you stated "their making a shitload of money" this also means that they actually might have the money to hire a lawyer so I wouldn't necessarily take this lightly.
 
The thing that concerns me is that you stated "their making a shitload of money" this also means that they actually might have the money to hire a lawyer so I wouldn't necessarily take this lightly.
I agree somewhat. However, what could they do? There are variations of the same products available all of the internet. The difference is they finally met their competitor (me) and now how to market the product. I could see if they have a patent for it. But doesn't that cost a fortune? If the product is already floating around the internet for years from other people before their website... he does NOT have the patent.
 
I would take it as a complement that you have found a good niche and are doing something right. Some good advice posted, I think pre-empting them and contacting your hosting company is a good idea, won't do you any harm.

But so long as you aren't doing anything illegal or against the Shopify rules then go for it!
 
I would take it as a complement that you have found a good niche and are doing something right. Some good advice posted, I think pre-empting them and contacting your hosting company is a good idea, won't do you any harm.

But so long as you aren't doing anything illegal or against the Shopify rules then go for it!
Thanks. Well this month the shop will be up and running for 6 months. Call me paranoid but the "so called Shopify experts" are not obviously experts! They have great customer support if you need them for something minor but something like this... you might get the wrong "expert" and raise a flag with them.
 
Hosting is with Shopify. I need those apps to have high conversions. To go off shore I couldn't use Shopify any longer right?

I hope you can move to offshore hosting and can still use shopify with a self-hosted WordPress site. Here is a detailed tutorial by WpBeginner

http://www.wpbeginner.com/wp-tutorials/how-to-create-wordpress-ecommerce-store-with-shopify/
 
So there are variations of the same products available all of the internet and they have their own produced? Then you pretty much do the same? WTF! I did this plenty of times in the past and sold products from my house and it sucked packing all my products by myself. Anyways, can I have their email so I can tell them how dumb they are? Yes, they're probably making a lot of $$$ but everyone is either doing what you are doing or mostly drop shipping the same shit from Ali with the same themes, apps, etc. It's called competition! I'm sure that dipshit got his idea from someone else like most of us! Email him back and say lawyer up!
 
Hosting is with Shopify. I need those apps to have high conversions. To go off shore I couldn't use Shopify any longer right?

Here is an official Tutorial on Shopify blog for using with WordPress site

https://www.shopify.com/blog/113145925-introducing-shopify-for-wordpress
https://www.shopify.com/buy-button/wordpress

I hope this will resolve your problem
 
And my addon. Offshore hostings are usually slow. I used knownsrv and had no issues at all apart from speed. (hosting was helpful, i went for cheapest company with good reviews and ended with them). Problem is speed, depends on your website size.

(and im not affilated with them)
 
IMO you don't need off shore hosting. If Shopify and it's apps are giving you a great conversion rate... why change? I don't care if this idiot competitor is making 100K a month, he can't do shit if you're using the same platform and apps as him. As long as you are not copying content word for word you're good. He is NOT the inventor of this product. You said you changed colors etc.? You can use his same colors! He would be the owner of that product if it never been made public in any way. Your website would be down quick with Shopify as soon as he cried to the "Shopify experts". It has been running for almost 6 month... congratulations you have a winner!
 
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