Competitor is using a photo of me without permission.
November 12, 2008 3:35 AM Subscribe
My competitor is using a photo of me and a profile page about me on their website. What can I do (in the US)?
I know in the UK & Ireland I have recourse to the data protection act but what recourse do I have in the US?
What can I do?
thanks
I know in the UK & Ireland I have recourse to the data protection act but what recourse do I have in the US?
What can I do?
thanks
Response by poster: thanks yclipse...in answer to your question...i don't work for the competitor and never have. they are using a photo of me prominently (headline banner) on the front page of their site. In the photo I am given equal prominence to the CEO (yes, its that absurd). Then in a separate page they present a short bio and present me as a member of their firm.
posted by lapsang at 4:33 AM on November 12, 2008
posted by lapsang at 4:33 AM on November 12, 2008
You probably have a recourse because they are clearly using your likeness without permission to imply fraudulently that you are a member of their firm. So fraud and possibly trademark infringement.
posted by Rubbstone at 4:45 AM on November 12, 2008
posted by Rubbstone at 4:45 AM on November 12, 2008
So fraud and possibly trademark infringement.
And this is why you should go talk to a lawyer.
Your face isn't trademarked. Your right of publicity might have been infringed but this is absolutely not a trademark dispute.
It's also probably not fraud... and if it is, you're not the one being defrauded because you know you don't work there.
There are a lot of other questions here... who owns the photo, where was it taken, etc.
Ask them nicely to take it down. If they don't, go talk to a lawyer.
posted by toomuchpete at 4:49 AM on November 12, 2008
And this is why you should go talk to a lawyer.
Your face isn't trademarked. Your right of publicity might have been infringed but this is absolutely not a trademark dispute.
It's also probably not fraud... and if it is, you're not the one being defrauded because you know you don't work there.
There are a lot of other questions here... who owns the photo, where was it taken, etc.
Ask them nicely to take it down. If they don't, go talk to a lawyer.
posted by toomuchpete at 4:49 AM on November 12, 2008
Uh... you have hired a lawyer and had them sternly request removal of this information, haven't you? That's your obvious recourse.
The FTC's false advertising regulations may apply. Use of a photograph could also be copyright infringement, depending on the origin of the photograph. IANAL.
posted by game warden to the events rhino at 4:50 AM on November 12, 2008
The FTC's false advertising regulations may apply. Use of a photograph could also be copyright infringement, depending on the origin of the photograph. IANAL.
posted by game warden to the events rhino at 4:50 AM on November 12, 2008
The internet only gives shitty legal advice. Sorry. Best to lawyer up, or, depending on the size of your firm, ask the in-house counsel who you should contact.
posted by Inspector.Gadget at 5:02 AM on November 12, 2008
posted by Inspector.Gadget at 5:02 AM on November 12, 2008
Have you tried asking them to remove the material? A polite letter that ends with something like, "Of course, if necessary I will get my lawyer involved, but it would be much faster and cheaper for this to be resolved on its own." I can't believe that any company would be stupid enough to keep the material up after that.
posted by Deathalicious at 6:36 AM on November 12, 2008
posted by Deathalicious at 6:36 AM on November 12, 2008
Don't do this on your own. Unless we're talking about some penny-ante outfit here, they've done this deliberately, with the aim of attracting search traffic looking for you to their site and doing business with them rather than with you. This is predatory behavior. They've thought about the potential consequences and decided to risk it anyway. They will ignore any "pretty please" letter from you personally. Get a lawyer and have them write the strongest, most threatening letter they can. If you're in the UK, and they're in the US, start with a UK lawyer because UK law may apply and be stronger. If not, your UK lawyer (or barrister, whatever they're called) should recommend or work with a US firm to get this done. Don't wait.
posted by beagle at 6:59 AM on November 12, 2008
posted by beagle at 6:59 AM on November 12, 2008
they present a short bio and present me as a member of their firm
Wow! There are any number of laws they are violating by doing this and it really only takes one to get them to stop. A letter from a lawyer (the mere fact that it comes from a lawyer really does give it much more weight) should suffice to have this taken down. If you want to collect damages from them then it becomes more complicated. Print out the pages so you have records of what they are publishing. Your lawyer can walk you through how expensive and likely it will be that you could collect damages. If you just want them to stop just about any lawyer will do - are any of your friends lawyers - but if you want to seek damages get an experienced litigator in a firm with expertise in false advertising, rights of publicity and IP.
posted by caddis at 7:19 AM on November 12, 2008
Wow! There are any number of laws they are violating by doing this and it really only takes one to get them to stop. A letter from a lawyer (the mere fact that it comes from a lawyer really does give it much more weight) should suffice to have this taken down. If you want to collect damages from them then it becomes more complicated. Print out the pages so you have records of what they are publishing. Your lawyer can walk you through how expensive and likely it will be that you could collect damages. If you just want them to stop just about any lawyer will do - are any of your friends lawyers - but if you want to seek damages get an experienced litigator in a firm with expertise in false advertising, rights of publicity and IP.
posted by caddis at 7:19 AM on November 12, 2008
Everyone is overcomplicating this. Issue a DMCA take down notice - not to them but to their host. They are simple to compose, free, and do not require an attorney - that is part of their purpose.
In the letter, cite the photograph, because they do not hold the copyright to that. Ignore the issue of the profile page in the notice, unless that profile page exists elsewhere and is thus infringing material. If it is, you're golden.
(If you own the copyright to neither the photo or the profile text, then get the owners to file two different notices.)
We do these very regularly for clients and they are uniformly immediately effective within 24 hours. If you need help with who to send the notice to, or if you need help writing it, feel free to MeMail me.
Issuing the DMCA Notice for the photo and the very fast action that will follow from their host will probably be enough to let them know that you are not fucking around here and know how to get this shit done. I'd bet money on them removing the profile page on their own immediately after off their own bat.
When they get their website back, I mean.
posted by DarlingBri at 7:23 AM on November 12, 2008 [6 favorites]
In the letter, cite the photograph, because they do not hold the copyright to that. Ignore the issue of the profile page in the notice, unless that profile page exists elsewhere and is thus infringing material. If it is, you're golden.
(If you own the copyright to neither the photo or the profile text, then get the owners to file two different notices.)
We do these very regularly for clients and they are uniformly immediately effective within 24 hours. If you need help with who to send the notice to, or if you need help writing it, feel free to MeMail me.
Issuing the DMCA Notice for the photo and the very fast action that will follow from their host will probably be enough to let them know that you are not fucking around here and know how to get this shit done. I'd bet money on them removing the profile page on their own immediately after off their own bat.
When they get their website back, I mean.
posted by DarlingBri at 7:23 AM on November 12, 2008 [6 favorites]
In the letter, cite the photograph, because they do not hold the copyright to that.
How do you know that, exactly? Just because the picture is OF OP doesn't mean OP owns the copyright. Further, OP likely doesn't own the copyright to the bio, either.
DCMA notices require that the writer assert that they own the copyright over the allegedly infringing material. Doing so falsely can lead to civil liability and bad press.
Seriously... the only good advice in this entire thread is "talk to a lawyer."
posted by toomuchpete at 8:21 AM on November 12, 2008
How do you know that, exactly? Just because the picture is OF OP doesn't mean OP owns the copyright. Further, OP likely doesn't own the copyright to the bio, either.
DCMA notices require that the writer assert that they own the copyright over the allegedly infringing material. Doing so falsely can lead to civil liability and bad press.
Seriously... the only good advice in this entire thread is "talk to a lawyer."
posted by toomuchpete at 8:21 AM on November 12, 2008
DCMA notices require that the writer assert that they own the copyright over the allegedly infringing material.
Hence the "(If you own the copyright to neither the photo or the profile text, then get the owners to file two different notices.)" bit of my post.
posted by DarlingBri at 12:05 PM on November 13, 2008
Hence the "(If you own the copyright to neither the photo or the profile text, then get the owners to file two different notices.)" bit of my post.
posted by DarlingBri at 12:05 PM on November 13, 2008
This thread is closed to new comments.
posted by yclipse at 4:20 AM on November 12, 2008