X Marks the Scot - An on-line community of kilt wearers.
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6th February 09, 08:34 PM
#10
I'm not a lawyer, but there are a couple of legal issues.
Firstly, you own the copyright in your photo, and if they photoshop it that makes it a 'derivative work', but AFAIK that doesn't save them from copyright infringement.
Secondly, if they try to "pass off" their product as yours, that is a separate tort, if you can prove it.
I'm assuming Ontario law is somewhat like England. The Americans talk about a "trade dress" action instead of a "passing off" action, although it's much the same thing. Canada? It's hard to say.
Find an Ontario lawyer before you sue them, and I agree that pursuing them through eBay is easier than going to law.
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