As discussed in the mail I stated the display of your previous client is to state that the client is within my client list but you seem not to have accepted that. Like advised in my e-mail to yourself, I stated if you had a problem please do get in touch with my legal team of which contacted the legal team on the 17th of Feb. 2009. I am certain you got a reply to this as I was also forwarded a copy.
Below is the copy of both your mail and my legal department. I am freely happy to a chat with you to resolve this but in no chance will I be displaying a link to your website on my site as it is known as free advertising. As we are both in the same line of business this will not be taking place.
Might I add a request for yourself to take down the forums you have posted on both css-tricks forums and http://www.webdesignerforum.co.uk/topic … -can-i-do/. As this is damage to my company reputation. I will be willing and happy to carry on further legally having you take it down.
From keith to my legal department
Subject: Copyright Infringement
To whom it may concern,
I have noticed that you are using http://www.prestonrecruit.co.uk on your portfolio
of work. Most elements of this site were designed by me (Keith Devon) and no
permission has been given for replication of this design. Your use of
material from my design constitutes an infringement of our copyright and
therefore subjects you to substantial liability under copyright law.
As the site is now being hosted/managed by D & D Bros I respect that
reference to the site is reasonable. If it is only the contact form that you
have changed then reference to *that form only* would be acceptable. To keep
the site on your portfolio please add "site managed by D & D Bros" and "site
designed by kdev" with a link to my home page, http://www.keithdevon.com. Otherwise
please remove reference to the design completely.
We would prefer to promptly resolve this matter without legal action and
trust that your prompt cooperation will allow us to do so. Please send me
confirmation that the infringing material will be immediately
removed/changed from your web site so that this matter can be resolved.
Thank you for your cooperation.
Keith Devon – Web Development
From D&B Bros legal team to Keith Devon
Subject: Re: Copyright Infringement
We would like to acknowledge the issues you have raised with regards to
copyright infringement and clarify that there is no case to answer. After
contacting your previous client, we have been made aware that you were not
involved in designing the website as per
. This is due to the fact that the website design was provided for by way of a
generic template, which was in fact provided to you by the said client.
Further to this, copyright law can only be enforced in the instance of the
content within the template, however, the content was also provided to you by
the client. As the client paid you for the design of the logo, it is now the
property of the client, and you were in the knowledge of the planned use of the
logo, i.e. to be used in conjunction with an online facility when completing the
transaction. Therefore the screenshot displayed within the D & B Bros website is
merely, a representation of the client’s online facility and not an
amplification of the design ideals of D & B Bros nor does the positioning of the
screenshot indicate this.
In addition to this, contrary to the beliefs evident within your message, there
has been no replication of any element ‘designed’ by Keith Devon and therefore
acknowledgement to you will not be made.
We trust this clarifies the issues.
D&B Bros Limited