Xara Web Designer Templates

**champ** · 25 April 2011, 06:16 PM

I am working on a free design release for commercial and personal use. Just thought I would let the talk graphics user know that. If you want you can see some of the designs I have available at for sale for now at Xara Template

I could use some ideas for the free design release so message me if their are any layouts that you have seen around the internet that could help me in finalizing the final design.

Thanks!

**werkzeug** · 26 April 2011, 01:30 AM

Thanks Champ. I presume that XARA gave you permission to use their name. I am looking for a template customed to a Radio statio or similar to which I can attach a PHP file or database of some sort. So far Xara cannot cater for it. I want to overhaul my old site www.Adventist-Radio-Australia.org

**champ** · 03 May 2011, 11:19 PM

Originally Posted by werkzeug

Thanks Champ. I presume that XARA gave you permission to use their name. I am looking for a template customed to a Radio statio or similar to which I can attach a PHP file or database of some sort. So far Xara cannot cater for it. I want to overhaul my old site www.Adventist-Radio-Australia.org

My company name is Xara Template so legally theirs nothing I could be sued for unless I claim to be xara.com which is not the case. The new version of xara should allow you to paste php within the software. As for the database you should be able to create that with your web hosting company. In other words Xara is not going to create the database for you. However it should allow you to display things on your website that works together with your database.

For Example I have a post comment section on my website that communicates with a database on my web hosting server. If you need help with the design aspects of your website I can help you get a new design together. I have some designs on my website but they are not tailored toward a radio station.

I can create a custom layout for your radio station for free. However in return I would want to be able to put the design in my portfolio. Also I would hope that you would help me out by adding a link to your website so others can find out about my company. Talk too you soon God Bless!

**Scotty** · 04 May 2011, 01:23 AM

Hi,
Well I hope your site gets going...but I for one will not be submitting any of designs I make to the forum you belong or I will just watermark all.
Jim

**champ** · 04 May 2011, 04:43 PM

Originally Posted by Scotty

Hi,
Well I hope your site gets going...but I for one will not be submitting any of designs I make to the forum you belong or I will just watermark all.
Jim

I'm not sure if I'm understanding you correctly. Are you saying that you create xara web design layouts and that you you will protect them with watermark if you post them on talkgraphics? If you are looking to build trust with potential customers you have to build a portfolio or offer some designs free to show the value in you work. Its equivalent to the food industry, for example: when you are walking in the store sometimes people hand out free samples of certain product and when you taste it if its good you buy it. The same concept applies to web design if they can test out a free template or see some of your work they are more likely to buy. I've recevied clients from this already from seeing websites I've done for practically free. While I want get a upfront pay off in the long-run I will through exposure.

If you are going to design templates I would love to partner up with you. I already have one company that has partnered with me to develop xara templates. The reason I ask is I'm not able to do everything and if you are an expert in other areas that I'm not we can use each others talents to make better designs. The main objective I have right now is to make the best xara templates possible so that everyone can benefit.

Let me know what you think. Talk too you soon!

**Big Frank** · 04 May 2011, 11:49 PM

Originally Posted by champ

My company name is Xara Template so legally theirs nothing I could be sued for unless I claim to be xara.com which is not the case.

And your experience of Internet law pertaining to domain name disputes is...?

http://www.bitlaw.com/internet/domain.html#legal

Check especially the section on "dilution". As a dot com, any name dispute would be handled by InterNIC under US law. I am not a lawyer, but as a registrar of UK, US and European TLDs it is my business to keep abreast of domain name law and saying "My company name is Xara Template so legally theirs nothing I could be sued for unless I claim to be xara.com" is naïve at best.

If Magix/Xara do not dispute your retention of the domain name it is only because they feel your use of it helps to promote their product without diluting the value of their trade mark. Feel free to ignore anything I have said, most people do.

**champ** · 05 May 2011, 05:44 AM

Originally Posted by beretgascon

And your experience of Internet law pertaining to domain name disputes is...?

http://www.bitlaw.com/internet/domain.html#legal

Check especially the section on "dilution". As a dot com, any name dispute would be handled by InterNIC under US law. I am not a lawyer, but as a registrar of UK, US and European TLDs it is my business to keep abreast of domain name law and saying "My company name is Xara Template so legally theirs nothing I could be sued for unless I claim to be xara.com" is naïve at best.

If Magix/Xara do not dispute your retention of the domain name it is only because they feel your use of it helps to promote their product without diluting the value of their trade mark. Feel free to ignore anything I have said, most people do.

They wouldn't be able to sue me and if they did they wouldn't win and I will explain why. In that article it relates toward those who use a name in bad faith. I'm not trying to divert consumers from the trademark owner's web site in a confusing way for one and I'm actually directing traffic to them as I'm an affiliate so I get paid for leads I send their way that buy a product. Secondly I am promoting their website intentionally and it is clearly stated on my website that it would require their software to use any of the template layouts we create.

Final Example of Why They would Lose in Court:

Now to clear up any other confusion it states that "Companies that do bring a court action must present legal arguments on why a domain name registered to someone else should be cancelled or transferred to an organization who wasn't fast enough to register the name first". At this moment I don't see any way they could present a legal argument to why I can't own the name and neither do I see anyway they could do this in the future. If you read the trademark information clearly this is for people who register trademark names as a dot com and thats not what I've done in this case. I didn't register their trademark name which would be xara.com. Trademarks go on goods that you buy and they don't change over time they stay the same so unless they used xara template as a trademark name their is nothing they could do.

Also you have to keep in mind that their is jursidiction laws and unless they have registered their trademark as xara template globally their is nothing legally that can be done to me. Even if they do register it now its too late because I've have proven use of it commercially already. So the bitlaw information has nothing to do with what I've done at all and relates directly to trademark law and to those who have no online presence yet and when trying to gain an online presence find that their domain name is already taken. That's why it mentioned in the article that users stole the domain name.

I'm not a law expert but I have had a law class before and did well enough. Plus I have a lawyer contacts so If I need legal advice I will take it from someone who is an expert rather than depend on my own knowledge or yours. I appreciate your concern but I think you are misunderstanding the information presented on trademark dilution.

If I'm wrong correct me but I doubt I am and to be honest one article on a law companies is not enough to present all factors that are relevant. To be honest you really need a full-time lawyer to bring in all relevant information and you usually need multiple resources inlcuding legally binding law books just like the lawyers use when addressing an issue and not an online law website.

I hope I don't sound like I'm being a jerk because I'm not trying too be. I just want to make sure you have thought it out a lot deeper as things like this usually are not as simple as a few pages on a law website to make one side true or not. Well if you have more information that would prove me wrong let me know. Also if you read their copyright notice page it lists all their copyrights their: http://site.xara.com/copyright.asp and none of them say "Xara Template". Also you should read the disclaimer section on their website it will explain that legal analysis is based on numerous factors and that a web page is not sufficient because each situation differs: http://www.bitlaw.com/disclaim.html

Law is similar to behavioral science each case is different that's why we have lawyers

if it was clean cut their would be no need for lawyers because everything would be obvious in terms of law which is not the case.

Talk too you soon!

Champ

**champ** · 05 May 2011, 06:13 AM

Another factor is I've spoken with their representatives at xara.com and they are looking for users who develop web design layouts as I was told they were keeping an eye on websites similar to mines that make xara template designs. Just as a side note I have a business background so I am full aware of what I should be doing and what I shouldn't be doing.

**werkzeug** · 06 May 2011, 07:18 AM

Good deal Champ. If you had a look at my site www.Adventist-Radio-Australia.org , then you would have seen a search to access my database. It already exists and works very well. But everyone gets sick looking at the same red page, I like to change it sometime to blue. You make the template and I add a link to you.

**champ** · 06 May 2011, 01:29 PM

Originally Posted by werkzeug

Good deal Champ. If you had a look at my site www.Adventist-Radio-Australia.org , then you would have seen a search to access my database. It already exists and works very well. But everyone gets sick looking at the same red page, I like to change it sometime to blue. You make the template and I add a link to you.

If you send over the pictures and text you want on the website that will help because I need to know how It should be organized on the webpage. Also if their are any website examples to that you like certain features of send me the links so I can brainstorm how I should bring your vision to life. If you could send me the text, pictures and the type of shade of blue you want in a word document that would make it easier. My email is contact@xaratemplate.com

Also is the boom box image at top yours? If yes you should include that too as it might be useful in making your design look unique. I believe I have an idea that will make it stand out with that design. Talk too you soon!

champ