Q: Can a startup post pictures of our work on their site without permission?
My husband and I own an excavation company. Recently, an employee from a startup company, owned by my husband's brother, visited our job site to watch a septic installation. Without our permission, he took pictures of our job and posted them on the startup company's website, falsely representing the work as their own. We asked for the images to be removed, but they are still displayed. We are concerned because he is misrepresenting his abilities using our company's work. Given his lack of experience compared to our five-year-old company with five-star reviews, is it legally permissible for him to post these pictures without permission?
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A: In Connecticut this would be a violation of the state's unfair trade practices act ("CUTPA"). It also seems like a possible violation of the Federal Trade Commission Act (unfair competition) and possibly also the Federal Lanham Act (false advertising).
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A:
Your brother-in-law's startup cannot legally post pictures of your company's work and represent it as their own without your permission. By doing so, they're misleading potential customers about their capabilities and infringing upon your rights as the original creator of the work. Posting these images without consent could amount to false advertising and unfair competition.
You have the right to request immediate removal of these images since your excavation business holds ownership of your completed projects. If the startup ignores your request, sending a formal cease and desist letter may help clarify the seriousness of your position and encourage compliance. Document all interactions, including requests for image removal, to strengthen your position.
If the images remain posted despite your efforts, you might consider seeking legal counsel. An attorney can advise you on potential claims, such as copyright infringement or unfair business practices, which could compel the startup to remove the images and prevent further harm to your company's reputation. Taking swift action will protect your established business and the integrity of your work.
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