Stopping theft of website code

Background:

Gannons Solicitors, helped a UK-based business, operating an innovative and unique website and online site-building tool, created by a team of skilled developers to provide users with a specialised service in their industry. Our client’s intellectual property is crucial to their competitive position in the market.

Issue:

The website code, including layout, design, functionality, and proprietary elements, are automatically protected under UK copyright law if you can show that you wrote the code. It was brought to our attention that a competing company had copied our client’s website code and incorporated it into their own website, resulting in a 'copycat' product that was strikingly similar to that of our clients, and causing confusion to the public. This was a direct violation of UK copyright law as the copied code was a creative and original work protected under copyright, and the company in question had no permission to use it.

Upon reviewing the situation, Gannons Solicitors specialist team found that the infringing company had replicated key features of the website. These elements were not only integral to the functionality of our client’s website, but also represented a significant amount of the intellectual property that our client had invested time and resources in developing.

Action Taken:

To address the copyright infringement, we took the following steps:

Investigation and Documentation: We thoroughly examined the infringing website, comparing the source code with our client’s original code to identify the specific portions that had been copied. We also documented the instances of infringement to create a clear record of the infringing actions.

Letter Before Action (LBA): A formal “Letter Before Action” was sent to the infringing company. The letter stated that the company’s use of our client’s website code was a breach of copyright law, specifically referencing the relevant UK Copyright, Designs and Patents Act 1988. The letter before action asked that the infringing company cease and desist from using the copied code immediately and remove all traces of it from their website.  We ask for written confirmation that these steps have been taken.

A reasonable timeline was given for the infringing company to take corrective action, and an offer of settlement was given.  This was aimed at reducing unnecessary legal costs for both parties.

Catherine Gannon, managing partner commented that in a great number of cases a letter before action can solve disputes at the earliest stage.  This is because it shows the offenders that you are serious about protecting your property and is a good as a rottweiler bark for most.  Most people do not want to go to court.  But, if you cannot find the solution the matter ends up in court, the court will want to see that a Letter before Action has been sent.  The UK courts are keen on preventing litigation and a dim view will be taken of those who do not try to help themselves with a letter before action in the hope the matter is resolved before court.

Outcome:

Upon receipt of the letter before action, the infringing company acknowledged the breach. They agreed to remove all traces of the copied code from their website and confirmed in writing that they had ceased using the infringing code and that all relevant modifications had been made to ensure compliance with copyright law.

The matter was resolved by Gannons Solicitors without the need for further legal proceedings, saving both parties time and money. Our client was able to protect their intellectual property and maintain their competitive edge in the market.

Conclusion:

This case highlights the importance of enforcing copyright protections in the digital age, where online content and website design are often copied or replicated by competitors seeking to capitalise on the hard work and creativity of others. Our client was able to swiftly and effectively assert their copyright rights through the use of a well-drafted letter before action.

By taking prompt action, our client successfully protected their intellectual property and avoided the need for costly litigation. This case serves as a reminder to businesses about the value of intellectual property rights and the importance of responding swiftly and effectively to infringement.