Can I stop someone from using my name/images on a website?

[Piper]

OK, legal question here…

A website recently reviewed us. It does reviews of local restaurants only and is a local website. They gave us a great review, so that was good.

The problem is it’s done by a group of college students. The website is rather profane, including pornography. It’s a fun website, and I’m not a prude or anything. But I’m very much a family establishment, and the last thing I want is for this page to start climbing the ranks of Google. Somebody will put in my restaurant, see a “review” and be taken to a page full of pornographic links/ads with absolutely no warning. It’s all right there on the page with my review… plus of course explicit language.

Because they use my company’s name, logo, and pictures of my restaurant (including the sign) am I able to make them take this page down? It seems like somebody shouldn’t be able to use that kind of stuff without permission.

Thanks in advance.

 

[td_VP192]

Re: Can I stop someone from using my name/images on a websit

I think that they are able to use your name and image on their website. I’m not sure if you have an legal means to getting them to take it off. If it was a favorable review, I’m not sure you’d want to try to get them to take it off anyway.

I know that my wife and I have so many blockers and filters that if we were to search for your place, that website wouldn’t come up on our computer. If you’re worried about the family portion of your customer pool I’d just assume that they would have something similar.

And even if a family was to pull that website up, as nasty as it might be I think they’d understand that it’s a bunch of college kids reviewing your place. I don’t think it speaks badly for you for being one of their favorite places to eat.

Have you googled your shops name ? Does their website come up ?

 

[royster13]

Re: Can I stop someone from using my name/images on a websit

There is something called “Fair Use” which I do not totally understand…But if one fast food restaurant can use another’s logo, etc. in their ads and there is no way to stop it I guess you are in the same boat…

 

[piemaker2007]

Re: Can I stop someone from using my name/images on a websit

Since trademark’s and copyright’s issues have very few clear cut cases, I would suggest consulting a lawyer. Most bar associations have a referral service that usually gives you a 30 min consultation for free (this varies from state to state).

You could try formally requesting from their ISP that they remove the content but that could lead to backlash from the posters. As with ppl different ISP’s will handle this differently, some investitage the claim others just remove the content (even if the material is legally being used).

-B

 

[Piper]

Re: Can I stop someone from using my name/images on a websit

td_VP192:

Have you googled your shops name ? Does their website come up ?

Thanks for all the responses guys.

It doesn’t show up yet, but the review is only 7 days old. It probably hasn’t gotten indexed by the robot yet.

I’ve decided to leave it alone. If I tick them off, they’re bound to change the review to something nasty… and that’s advertising I don’t need. Hopefully, people will understand that the website is in no way affiliated with my store.

Thanks again!