I've never purchased a thing from DayTradeToWin, but from my experience with legal issues such as these, it seems as though we don't have much of a case when it comes to defending the Big Mike Atlas Line versus the trademarked Atlas Line. The product name is the same so Day Trade to Win can contest lost business. Did the vendor contact Big Mike first in order to resolve the issue? Usually that's how the process starts - by communication. Why don't you reach out to the company? It may save you a lawsuit that you can't afford to lose. Are the donations tax deductible in case I want to donate? Also, I would look into any other software included with the Elite Membership that may cause legal issues. This whole thing is rather unfortunate...
Except that algorithms are neither patentable nor copyrightable. So yes, if 'Atlas Line' is trademarked then an indicator here that does the same thing cannot be named 'Atlas Line'. However, it can say in the description that "this indicator displays similar values to Atlas Line (tm)"
The following user says Thank You to fluxsmith for this post:
Max-td - yes, I'm aware there are other eyes glancing at this page. If this guy is pursuing legal action with a DMCA takedown notice, it's not the kind of thing one initiaties without having a legal trademark / copyright and the funds to pursue litigation. The copyright to the Atlas Line is actually referenced in the letter Gary linked to - 85102596 / 1-459266111. Remember, requiring an Elite / paid Membership for potential trademarked / copyrighted material is a touchy matter. I would take a look at what else you have under the Elite Membership that may be copyrighted - I'd hate to see a good site like this be pulled down.
AFAIK, there is no trademarked/copyrighted material in the Elite section.
We have a strict policy on this, and when we saw copyrighted material posted (copyrighted ebooks for examples), or links to copyrighted material, they have been promptly removed (and the user was informed to avoid this).
Any copyrighted content can be reported using the report button, and we'll take care of it.
Usually in trading, those who know don't talk, and those who talk don't know. (Al Brooks)
success requires no deodorant! (Sun Tzu)
i thought almost everyone took existing indicators or code snippets and ran with it to make it better or function like said person thinks it should, ive took others work and added to it and others have taken my work and added to it almost every indicator from every different platform is shared from one trader to the next and built better or as said programmer thinks is better, but i guess day trade to win is speacial...sharky