Legal Question in Intellectual Property in New Jersey

Upon purchasing a used car from a major auto dealership, I wrote a letter of recommendation for the salesman. He directed me to submit the letter through the company website rather than send it by mail. The dealership immediately took the letter exactly as written on their website testimonial page including my name.

Soon after, I learned that the vehicle purchased required an engine replacement. The dealership did not make good on the sale and I will be suing for that. With regards to the letter on their website, I notified them on the telephone, as well as in three emails, that I wanted the testimonial with my name removed from their website, given their unwillingness to make good on the sale and consequently, the letter no longer represented my real thoughts about the salesman and the dealership. My request was ignored and it remained on their website for 7 months. Do I have any legal recourse say with regards to copyright, libel, property right of my name, publishing business correspondence, etc? You can imagine how I felt seeing that testimonial every day on their website knowing that they were trying to solicit business using my name when I had to spend almost $6,000 to repair the purchased vehicle. Can I sue for this and what are my damages?


Asked on 7/22/10, 11:24 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

Your attorney question is posted in the wrong category - Intellectual Property - which has nothing to do with car repair issues. Try reposting in the right category or consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 7/23/10, 8:52 am


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