Legal Question in Intellectual Property in California

Is it legal for someone to use an image in an advertisement that was taken from our website without permission?

We noticed I large vendor/product sign in a Home Depot today. The very large image used was taken form my businesses website without permission.

I assume this same sign will be found in all Home Depots


Asked on 10/21/10, 7:58 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Assuming this is your original image, you may have a very good lawsuit for copyright infringement as well as trademark and/or trade dress infringement if Home Depot sells products similar to yours. If the tables were turned and you had filched an image from Home Depot's website, you would receive a letter from a lawyer demanding several thousand dollars in compensation. You should do the same (except you would demand much more money, after your investigators photograph the sign in numerous Home Depots).. You might want to register your image with the U.S. Copyright Office as soon as possible which would increase the damages owed by future infringers. Watch out for legal time limits.

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Answered on 10/26/10, 8:15 pm


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