lol they even used the same colors . ..lol thats messed up ... no free tee shirt or air ride system .
Does the vehicles use their product? In this case "air bags" Regardless, its crap to run the photos in a national ad without the owners permission. Thats like me shooting a picture of a Ridler car and putting it in one of my brochures.
Yeah , there is an issue here I think with the implying of the products use . The orange truck in particular . It's obviously bagged , and the company in question is selling air suspension . They are trying to link the image to their product even though it's not being used . They've got some balls !
Ok, that answers all the questions. Do they actually make any products of their own or do they just rebox other companie's products? They people that they had at the Roadster show were pretty well clueless rent a reps if they were all like the one I tried to ask a couple of questions to. I didn't pay much attention to the orange truck but spent a lot of time looking at the green one when you had it on display there. Come to think of it. I did get that catalog in the mail a while back and I did recognize the green truck but didn't think a lot about it.
(from HOTRODDON) <<Images of people, or their property, may not be usedto advertise businesses, goods or services without the subject’s consent>> Yeah, Don, but what if you put those little black blinders over the eyes of the folks in the pix? Remember "Confidential" magazine? LOL This action would seriously piss me off, using one of my cars in a 'bagger' commercial. Worse yet if they fitted it with donks. Yipes!
You'd think these douchbags would actually want a picture of a car with their product under it in their advertising! Ridiculously stupid... I'd be a little miffed too!
I'd check your show contract again. Most big shows I've been involved with the contract has a release allowing the show use of photos AND ban just anyone using photo's for profit. Generally they have a photogerpher that has paid them for the right to take and sell photos, the contract protects him. That said, the pics of the trucks in the advertising could of come from anywhere, the way they are photoshopped I see no way of proving they came from the show. If it's really a legitament problem they are using the image such as direct compatition to your buisness or you feel connected with the company harms you in any way I would contact an IP attorney. I imagine a cease and desist order would be easy, monatary rewards would be tough.
I have had the same thing happen. I walked up to a display at a large show where the big shop actually had the car in thier display. They were using it to promote thier paint and body work, as well as thier paint product line. After talking to thier rep for a few minutes I pulled out my picture book and showed him how I built the car, not them. I then informed him that it was done in ppg paint and not speez and hecker like they were selling. He was very angry with me and told me to leave. I just laughed and took it as a compliment. I mean if you are good enough that they rip off your stuff for braggin rights, you must be doin something right.
Here's the other issue that your friend will be faced with. No lawyer will touch this unless he can show that he has somehow been harmed either financially or in his business reputation. That will be very difficult and he will most likely just help pad a lawyer's pockets. As for the contract and photo's, without seeing the actual contract, I am betting that the clause had to do with pictures that would depict the show, it's name or likeness. Pictures of the cars attending are for public viewing in a public place so they have no legal right to control this. The only thing they have legal control over is what is their property and livelihood which would be pictures of the show itself.
The Jalopy Journal
