What's new
CK5
Register an account today to become a member! Once signed in, you'll be able to participate on this site by adding your own topics and posts, as well as connect with other members.

should i be honored or pi$$ed

I would be flattered they used MY pic over anyone eleses...Thats just me. I dont see how it would hurt me.
 
Just saw this post and realized that his ebay business is out of Santa Barbara, hmm...:thinking:. Being that I live in Santa Barbara and know just about everybody in the 4x4 community around here I might be able to help. I have never heard of them before and assume they are just a online store and dont have a store front business I even have an idea of who might be running it. Let me know if you find anything out or if you need any local assistance.
 
ive seen this happen a few times, its not to uncommon. the best one i seen is some guy had a header for sale and direct linked the pictures of some guys truck and of the header off of the owners website or photobucket (i forget) and changed them to men in drag and a picture of a cracked header with the words "this is the actual header you will get" :laugh:
 
i'd be honored if they had asked for permission, but using the image without consent would tick me off and id take legal action against, he's using your truck to make himself money. it would be one thing if he sponsored you or something, but he is in no way connected to you. i like the 3 options posted earlier: remove it, pay you for it, legal action
 
Since it's a picture you took, you have rights to it..

Now if he had been the one to take the pic, he wouldn't owe you a thing or have to get permission. Not only that but it's not against the law to take pictures out in public.
 
the copyright law has already been broken, and copyright infringement carries up to $500,000 and/or 15 yrs prison....its at beginning of all movies just about
 
Of course he's not going to pay to use your pic. That's why he stole it in the first place:mad: 99% chance he's not worth suing because he has no money. So decide if you want to let him use it or not. If not, contact eBay about him using your pic in his ad. Show them your pic & his. That's about it.

Be prepared for eBay to do nothing and give a lame excuse though. They cover themselves first and you are a distant second. At best they will dump him from eBay.
 
If its a problem for you tell him he cant use it. Unless you have lots of time and money, I wouldnt even bother suing him. Personally I wouldnt really care if someone used a picture of my vehicle. Taking legal action seems quite overboard, everyone is so sue happy these days. I bet if you called an attorney he would tell you its not worth it, hell ill ask my moms boyfriend if you want.
 
I don't think it's really a matter of him using it or not but more because he didn't have the balls to ask permission BEFORE using it. I will agree that suing him would probably prove to be costly and not worth it. This is a matter of principle.
 
Maybe he should ask the seller, nicely, to please remove the picture for reasons stated above as far as copyright infringement goes and if the seller refuses, legal consequences will follow.

Lord knows that if this happened to me and someone mentions the term "legal", I'd be taking something off very quickly.

Only if this seller still refuses to do anything after the above suggestions then legal consultation should be sought to find out what can actually be done.
 
Just some random thoughts..

I think in order to successfully sue someone for anything, you have to prove that you were harmed, or suffered a loss by another persons actions..

When I checked out the ad, I got the impression that the pic was just there to illustrate the specific application for these bushings.. it doesn't imply your endorsement of the product, because you aren't identified by word or image.

if there was a caption under the pic of your truck saying something like "(your name ) says these bushings are the sh*t - run 'em or you suck", and you never used the bushings or gave permission to be used as a reference, then yeah, you would have a case, because your name was being used in a wrongful manner..

This guy would also be in trouble if he used the pic and a caption said, " GM says they're A - OK "..

as another example - let's say I posted up here on CK5 and said "my fuel catalyst works great in first gen blazers", and posted that same pic of your truck as an illustration - since we're all members here, and everyone knows a) it's your truck, and b) you aren't using my stuff, then you'd have just cause to come after me because I'm implying your endorsement by using a picture familiar to everyone, and trying to fool your friends into thinking you buy from me..

since this ebay ad isn't part of the CK5 community, it would be hard to prove he's implying an endorsement from you specifically.

as it stands, it's a random pic the guy pulled off the web, and I can't see a lawyer agreeing that you are being , have been, or could be damaged by the pic being there.

now, the "right" thing to do, would have been for this cat to sell a few bushing sets, and honor his one of his own customers with a pic in an ad, but that's just what I would do.

if I were in your shoes, I'd be honored..and very proud of my truck.
 
I agree that no harm has been done, also feel the guy should have asked..


I would be polite, ask him to send you a set of the bushings and you will do a write up on them that he can link to off his add..

you win..he wins
 
Tell him to use this picture and i said it's alright. IF he wants to put this ugly ass truck on his product name he's no threat. :haha:



Seriously though. Not sure anything can be done. Just write him and ask politely to use a pic of something his product is actually ON!!

Just my .02
 
You must log in or register to reply here.

Latest Posts

Top Bottom