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"competitor" using my project photos

Discussion in 'Landscape Architecture and Design' started by BrandonV, Nov 10, 2008.

  1. BrandonV

    BrandonV LawnSite Platinum Member
    Messages: 4,616

    hey guys I had a nursery customer leave a brochure of one of my "competitors" in the area called "creative landscape management" who thinks he's a landscape contractor. I thought i'd flip through it, and wouldn't you know it there is a picture of one of my projects in there 3 times, under water-features, hardscapes and landscape design. I'm totally flattered of course, but besides a friendly call to ask him to give me credit or not use the photos do I have any ways of making him stop?
  2. sbvfd592

    sbvfd592 LawnSite Senior Member
    Messages: 668

    wow i would have blown a gasket!!! if some joe blow used my pics saying its his work
  3. richallseasons

    richallseasons LawnSite Senior Member
    Messages: 479

    One would think that there must be some sort of legal consequences involved, have you spoken to an attorney?
  4. BrandonV

    BrandonV LawnSite Platinum Member
    Messages: 4,616

    no just found out today. like most things it might not be worth the $ to do something about it.
  5. JimmyStew

    JimmyStew LawnSite Senior Member
    Messages: 367

    Is he taking credit for the install or does he do maintenance work at the property?
  6. Isobel

    Isobel LawnSite Senior Member
    Messages: 548

    i would hire an attorney!

    if doesn't wish to cease at that point, take him to court. Do it properly so that that has to pay your lawyer bills.
  7. IA_James

    IA_James LawnSite Silver Member
    from Iowa
    Messages: 2,592

    Just take all the brochures.
  8. Flow Control

    Flow Control LawnSite Bronze Member
    Messages: 1,267

    So is that being creative since he used your projects or is it the complete opposite?? lol

    Guy probably mows the property and feels like he is just showing off one of his accounts.

    Either way it is wrong, and it is your job to let him know.
  9. mgray10

    mgray10 LawnSite Member
    Messages: 37

    Does the publication read that the pictures are the business' work? Such phrasing would read "Take a look at some of our work" or "See what we have done in Bearsnatch, Idaho!" If so, threaten with a lawsuit and follow up with a nastygram from an attorney. If it doesn't advertise it as their work, you are screwed. The caveat to this situation, of course, is if the picture is not their own; but that is rather unlikely since you did not mention it. Unfortunately, here in Virginia, there is no burden for the infringing business to provide free advertisement for you. I am sure you can see how this makes sense.

    The best thing to do, however, is contact a local attorney.

    After reading your post again, I think your case might merit money damages since he is seeking commerce. A judge might rule that the intrinsic nature of the publication acts to showcase the business' own work. Would also be worth mentioning false advertisment; though with transexuality not being illegal, one wonders just how much water false advertisement holds. doh
    Last edited: Nov 10, 2008
  10. ARGOS

    ARGOS LawnSite Silver Member
    Messages: 2,808

    Who owns the project? I would think the customer. If the customer allowed photos of the property and the guy is not claiming it as his work, then I can't see a legal option.

    mgray10 suggested threatening a law suit. I would begin with a friendly request, then escalate accordingly. Judges like to see communication.

    If the guy used pictures of your work then I would guess he didn't make many of the brochures.

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