The Battle Against Unlicensed Use of Product Images: A Small US Company’s Strategy

When a UK company uses images of your US-based product in their sales brochures without permission, it can be frustrating and financially damaging for a small business. In this article, we’ll explore the steps a small US company can take to protect its intellectual property and safeguard its product images from unauthorized use.

Watermarking Your Product Photos: An Essential First Step

Consider this: if you're not already watermarking your photos, now is the time to start. Watermarking is a proven method to protect your images and deter potential infringers. By adding a watermark to your product photos, you embed your company name, logo, or website address in an inconspicuous part of the image. This makes it difficult for the UK company to use your images without attribution, as they will have your branding present.

Ensure that your watermark is subtle and doesn’t compromise the quality or usability of the image. A large, distracting watermark might make the image unusable for the other company, while an invisible watermark might not be effective. Use a reputable watermarking tool or consult a professional photographer to ensure the watermark is both visible and professional.

Making a Strong Case Against the Unauthorized Use of Images

If you’re certain that the UK company is misusing your copyrighted photographs, it’s essential to take action proactively. Here are some steps you can take:

Written Notification: Send a formal letter or email to the UK company, pointing out that their use of your product images without permission is unauthorized. This may prompt them to take down the images and address the issue. Social Media and Website Comments: Publicly comment on the UK company’s social media posts or blog entries where they have used your images. This can raise awareness and apply social pressure to resolve the issue. Dive Deeper: Perform due diligence to determine if they are reselling your products. This could help solidify your case and justify taking further legal action if necessary.

Legal Considerations and Passing Off

While going legal is often costly and time-consuming, it’s not the only option. Consider seeking advice from a British lawyer who can help you understand your rights under the “passing off” law. Passing off is a common law remedy in the UK, and it can be used to protect your intellectual property from unlicensed use.

The principle of passing off is that you can stop someone from misrepresenting goods as being your own. If the UK company is using your product images to sell their own product, they are misleading customers into believing their product is yours. This can be a significant breach of business ethics and potentially a violation of copyright and trademark laws.

Positive Publicity and Market Validation

On a more positive note, if the UK company is selling your products under their own brand, it could be good publicity for your business. It may indicate that your product is in high demand and marketable. However, if they are claiming your products as their own, you should have a strong case to defend your copyright on the photos, and your logo, names, and branding are clearly marked.

In such cases, you can make a strong case by providing proof of ownership and source. If the UK company is misrepresenting your product as theirs, they could be engaging in deceptive trade practices, which is a serious issue under UK law.

Conclusion: Taking proactive steps to protect your product images and intellectual property is crucial for any small US company. Watermarking, making your voice heard, and seeking legal advice can all play a role in safeguarding your products from unauthorized use.