Are you a stone warehouse? If so that you have little to worry about as the name is just descriptive of what the business does and will have little if any trademark protection. If you are anything but a stone warehouse you will have liability if the marks are found to be confusingly similar to each other. For example, if you are both bars called the stone warehouse, therer would obviously be confusion and one would be likely to be found liable.
1 person marked this answer as helpful
The question will be whether your use of the copyrighted materials and your creative act of compiling of the materials into a calendar will be considered a "fair use" of the copyrighted materials. If you were just going to hang the calendars in your office, then they would likely be found to be "fair use" and you would not be infringing. If you planned on selling them, then you are getting closer to infringing use as you are now deriving an economic benefit from the images. As you are not...
As Attorney Michelen mentoned above there is a lot going on in this scenario. As he said, libel is a very difficult cause of action to prove and is not your best option. However as this is web based, you do have several options under the Digital Millenium Copyright Act to stop their actions. You can go after the website directly with a DMCA letter or, in some instances, you can send a letter to the websites Internet Service Provider. Another avenue to consider if they are using your...