internet and competing business

There is a newly formed company that is using my pictures from my website for his website. How can I stop that?
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Answers (3)

Ronald K. Phillips

Ronald K. Phillips

Contributor Level 5
Take a look at the responses to the question at http://www.avvo.com/legal-answers/do-i-need-a-lawyer-to-send-a-cease-and-desist-lett-157799.html. The answer is pretty much the same. I'd recommend having your attorney write a take-down letter.

You could do it yourself, of course, but consider whether the infringing user will take that seriously and respond promptly.

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Kaiser Wahab

Kaiser Wahab Avvo Pro

Contributor Level 6
First you should assess whether your photos have been registered for copyright. Second, even if they have not been, you may want to send the website a cease and desist letter demanding immediate cessation of any use of the photos, under threat of legal action. Also, if the copyrights are not registered, you should seek to do that immediately, if they have commercial value.

Other than a demand letter, there is no "quick" way to get the website to stop, as a legal matter. If they resist the demand the next option is possibly court. However, you may also want to explore other avenues to press the issue, within reason and the law, such as speaking with the local press and other related websites about the incident (but be wary of defamation issues and try to limit your discussion to the actual facts).

Finally, you may wish to consult with an attorney concerning these issues. I hope that helps.

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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Pamela Koslyn

Pamela Koslyn

Contributor Level 10
As noted by my colleagues, the 1st quesion is your rights to these pictures. Did you take the photos? If so, then you own the copyright, but have you registered them for copyright protection with the U.S. Copyright Office? If not, you're not in a position to threaten a lawsuit, because a registartion is required to file a lawsuit. THe Copyright Office will expedite registrations when there's infringement and a lawsuit needs to be filed, but it's more expensive.

Did you license the pictures? If so, then you need to alert the licensor so they can take action, and the misuse of the pictures isn't your problem, although you may have trademark and unfair competition claims against this competitor if there is other copying and confusion between their site and yours.

You should have a lawyer send a "take down" notice, since those are more effective than those that come from a non-lawyer who the recipient won't consider a threat to their misuse.

See an IP lawyer ASAP to fully disclose your situation and get some specific advice.

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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