How can I get someone to remove my name and website name from his website?
New York, NY
Viewed 52 times.
Posted about 1 month ago in Intellectual Property
Flag as objectionable
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
Answers (2)Pamela Koslyn
This attorney is licensed in California.
Posted about 1 month ago.
Flag as objectionable
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.
Kaiser Wahab
|