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Robert C. Cumbow's Answers

Robert C. Cumbow
Seattle Intellectual Property Law Attorney.
Contributor Level 5

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Attorney answers:

  1. Robert C. Cumbow

Can someone else post pictures of my child on the internet?

Asked by a user in Everett, WA - almost 3 years ago.

Probably. But there are some circumstances under which he cannot: (1) If the pictures were taken by you or your husband, or by anyone other than your husband's brother, posting them would constitute copyright infringement. If you or your husband took the photos, you own the copyright in them, and can demand that the photos be taken down on that basis. (2) If the photos are particularly personal, or posted in a context that portrays the child in a false light, your state's privacy laws may...

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Attorney answers:

  1. Robert C. Cumbow

A local chili restaurant is advertising an item that has been on the menu for over a year as new...false advertising?

Asked by a user in Cincinnati, OH - almost 3 years ago.

It depends. Many states have advertising laws that govern the use of specific words, such as "new." If this restaurant is advertising in a state that places specific definitional limits on the use of the term "new," then its promotion might be false. However, three questions remain: First, does a menu constitute "advertising"? Second, does the restaurant's description of this dish as "new" meterially affect people's decision as to whether to buy it or not? If it doesn't have a material effect...

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