another company is using my product and likness to promote their product. They are then redirecting the customer to their product. They have been doing it for over a year.
4 Answers from Attorneys
We are assuming you want to stop it, although you did not ask a question. You need to see a lawyer immediately. If you knew about it for over a year, or even just a few weeks, without doing anything, you likely have lost some legal rights to stop them.
Since you have sat around for a year without hiring counsel, you may have lost some or all ofd your rights. See an IP lawyer ASAP.
My Atlanta colleagues appear to have jumped to the conclusion that you knew about this for over a year, and did nothing. But I think, on reflection, they would realize you said nothing of the sort, and you may just as well have discovered only recently that they had been doing this for over a year, without your knowledge.
But I do agree that it warrants seeing a lawyer to advise you. Using your likeness to promote their business without your permission, and using your product to redirect customers to theirs, could both be actionable. See a lawyer ASAP.
Depending on the specific facts, including the extent to which you were aware of the other company's actions of diverting your customers, you may have an action for infringement (including trademark infringement).
At this point, you should consult an attorney to review the case - however, do not post any specific details on this (or any other) public website.
Please feel free to call my office today for a free consultation and information.
S. Quinn Johnson, Esq.