How can I get someone to remove my name and website name from his website?

I hired someone a few months ago to create a logo and website design for me. He quit after a few days, and I had to hire someone else. However, he is still using his designs--with my name and the name of my website in them--on his website to promote his services, even though we never completed a transaction together and I asked him to take down all instances of my name and website name. What legal standing do I have in asking him to take down or edit everything using my name and likeness? I am in New York, he is in Canada. - Is this your question? Add additional information
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Answers (2)

Pamela Koslyn

Pamela Koslyn

Contributor Level 10
If he's using your likeness, and/or implying by use of your name and website that you endorse his work, that may be actionable under state law, possibly under theories of breach of publicity rights and unfair competition, as well as under federal law for trademark infringement. You don't mention any trademark that you're using or have registered, so that's something to see an IP lawyer about.

As for marketing himself by using your name and website, and including work which he actually did for you, even if the work and transaction weren't completed, if he's honestly representing the work for its resume value and a sample of his work, he can do that. I think it's unwise to use you as a de facto reference, since you were unsatisfied with his work, but as long as he doesn't misrepresent the ownership of your IP, I think he can do so.

Your ability to enforce any rights againt him are complicated by him being in another country, so you've got to consider the practical effect of taking action against him.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Kaiser Wahab

Kaiser Wahab Avvo Pro

Contributor Level 6
To piggyback off the useful advice already provided, you did not mention anything about a contract. If there is a contract in place, it may speak to the issues you bring up, irrespective of the fact that the transaction was not consummated. Hence, it may be that the contract provides for the ownership of the logo and the right (or lack thereof) to use your name to promote the work. Although the work was not completed you could use the contract as another basis to assert that he has none of the rights he is relying on to do what he is doing, due to a material anticipatory breach on his part. This would be in addition to the right of publicity, trademark, unfair competition, etc. (you may also try to add fraud/misrepresentation to the mix of legal allegations levied against him, since he is representing that you are in fact a client, which is contradicted by the fact that he walked off the job.)

If you are sincerely concerned about the situation, a cease and desist letter might be warranted, despite the fact he is in Canada. Of course, you would need to also be comfortable with the possibility that he simply ignores the letter (however, he may comply rather than risk further legal action, given the breadth of claims that you would threaten to assert against him).

Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.
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