My car ILLEGALLY being used for advertising

[Falango]

So I came on the forum today to see DJDUB sent me a notification that my car is being used for advertising, without permission!!

Here is the link: http://www.visracing.com/newcatalog...2003-Mazda-Protege-4dr-TSC-3-Side-Skirts.html

I sent the website an email demanding that they remove my car from their website. For one, I gave them ABSOLUTELY no permission to do so, nor was I ever contacted by them. Second, it advertises VIS products, which I do not have, not even one. They are advertising side skirts, but I have a 4 piece BuddyClub2 kit, straight from their store in Florida. I received an email back questioning my honesty and arguing that it is an image owned and copyrighted by VIS Racing. VIS has NEVER EVER contacted me, and the photo was taken myself, at HIN Seattle 2007. Here is the photo:

Gee, that's funny, it's in my thread about the show as well!! All photos taken by myself, proving I was at that show, WITH my car......

At this point, I am demanding they remove the photo. If they do not, I'll persue this further. I DO NOT want my car associated with this website. First, I do not know who they are, where they are, or if they are even a legit company!! Second, there was no permisisons given to anyone to use that photo, nor have I been contacted by anyone asking for permission.

What I want to show them, is that this community can back up my claims. Also, thanks to Dub for forwarding this to me.

EDIT:

Just looked at the VIS Racing website, and low and behold, looks like they are claiming the image as theirs. My car is on their site advertising "TSC 3 side skirts".

Time to contact them?

 

[1sty]

NO! call a lawyer so that you can get a cut of every mazda product they have sold.

 

[Falango]

That has crossed my mind. What's funny is they aren't even VIS products!

 

[TWISFM]

got your back dawg

 

[Falango]

got your back dawg

Appreciate it!

I emailed VIS about it too, since it seems like this is stemming from them.

 

[88323GT]

Definately get some coverage or atleast some advise from a lawyer about this. If that where My car and they lied and denied it being mine, I would be gathering every bit of info and pictures of the car as evidence against their false statements. I would also forward this thread to them so they can see how serious this is, or maybe it would be better to let the lawyer knock on their front door? Eitherway, it would be funny!


EDIT:

Contacting the makers of your side skirts and show them what the other company is doing. Could get them a lawsuit against them and put them out for good or atleast set them back a pretty penny.

 

[Falango]

Thanks for the input, Godspeed.net has already agreed to remove the image from their website. This seems to be stemming from VIS. I have left them an email, and if I do not receive a reply, or their reply does not comply, I'll be looking into legal advise with this. Godspeed.net is actually helping me a bit now, showing me that numerous other websites that sell VIS products are using the image as well. VIS seems responsible for it, so I will only be going at it with them. As for contacting BC2, I agree with what you say.

 

[JCell]

i dont know how much ground you got buddy.

the only thing u got going is that you took the pic, even though its ur car im pretty sure u signed a release in order to be at the show


still, its ****** up and i wish you luck!

 

[Falango]

Ya I'm pretty sure something was signed to be at the show, but I took the picture myself, for my own use. VIS must have got the pic from either this forum, or another, because that's the only palce it has been posted. It is hosted here.

 

[red95_240sx]

lol calm down..

 

[Wagonbacker9]

wow... that's F'd up... definitely lawyer time.

 

[Falango]

lol calm down..

You obviously don't really understand. I am a bit flattered that someone wants to use my car for advertising, but there needs to be permissions. I did not give anyone permission to use my car to advertise parts that aren't even on the car. Don't you think some shady business decisions have been made during that process?? I think so.

 

[Wagonbacker9]

You obviously don't really understand. I am a bit flattered that someone wants to use my car for advertising, but there needs to be permissions. I did not give anyone permission to use my car to advertise parts that aren't even on the car. Don't you think some shady business decisions have been made during that process?? I think so.

I completely agree with where you're coming from. If they want to make money off of your investment, they have to pay. I have to certify that I have the right to distribute pics to put them on FACEBOOK.... legally, they're obligated to do the same to advertise their products. They didn't do so, they are DEFINITELY in the wrong.

 

[Heat]

For what it's worth, they unlawfully, not illegally, used your picture.

From grammer girl:

Black’s Law Dictionary defines unlawful as not authorized by law, illegal. Illegal is defined as forbidden by law, unlawful. Semantically, there is a slight difference. It seems that something illegal is expressly proscribed by statute, and something unlawful is just not expressly authorized.

 

[Wagonbacker9]

They stole his picture..... and the likeness of his vehicle.

 

[Falango]

Illegal, unlawful, whatever. They are taking it for their potential profit, without me saying so.

 

[MazdaSpeeder]

subbin to see how this turns out!

 

[FunkyBuddha]

Ya..actually..if you have receipts to prove you bought the BC2 kit from a store, then show them that. Plus, show them any BC2 markings that's on your kit etc. They should've asked for permission first. I would get some legal advice and go from there. Sucks having a photo stolen or be misused.

 

[thorracing271]

subbbbbin

 

[HKPRO5]

Legal advise...get some money out of it. lol