Discussion:
What is the name of your state? Washington State
I own a painting company (Paint The World) and recently my business partner bailed on me and started his own business. His new website features pictures of houses painted by my company in his gallery. Some were taken directly from my website, others he went and took photos of them. The photos are implying that his company did the work - he did help paint them, but all of the work was contracted under Paint The World Inc.
He has also stated falsely that "Dreamworks Painting has painted many houses in NW Washington" which is a lie because HE has painted them, but not his company.
In addition to the photos, his list of refrences are from my business contracts also.
We have already sent him a letter telling him to remove the photos and refrences, but it was not written by a lawyer, and they have not done anything. I would like to know if there is a legal term for what he is doing, or if it is illegal at all.
You are all so helpful and funny, I hope you can help me out.
Josiah Feld
Paint The World Inc

Answer:
We have already sent him a letter telling him to remove the photos and refrences, but it was not written by a lawyer, and they have not done anything Send the letter again, this time Certified (RRR) and give him five (5) business days to remove the information. If this is not done, then you take the letter and a copy of the receipt you will get when they pick up the letter, to an attorney.
Answer:
First a dose of reality....
Though his conduct is certainly misleading and not 'fair', there is really nothing illegal about his conduct.
Here are your 'claims' and my opinions:
"His new website features pictures of houses painted by my company in his gallery."
*** At best, your only claim is that he is using pictures you took (and would presumably have the copyrights to). Unless he is claiming that HE took the pictures or otherwise owned them, any claim of copyright would be very expensive.
"Some were taken directly from my website, others he went and took photos of them."
*** See above for the pictures he took from your website. As to the pictures he took or otherwise did NOT come from you, you have no claim on them.
"The photos are implying that his company did the work - he did help paint them, but all of the work was contracted under Paint The World Inc."
*** Two issues here. The 'implication' that he did the work is not actionable by you. What someone IMPLIES is not a statement. Further, since he actually DID the work (as you state), his claim that this is an 'example' of the work he does is not incorrect.
"He has also stated falsely that "Dreamworks Painting has painted many houses in NW Washington" which is a lie because HE has painted them, but not his company."
*** Again, this is a matter of semantics. I doubt that any court would view this with as fine a distinction as you are imposing.
"In addition to the photos, his list of refrences are from my business contracts also."
*** Again, this is not actionable by you. Presumably, his 'references' will tell anyone who calls that the work was actually CONTRACTED to someone else. Further, HE actually did the work and therefore, would have a valid claim to a reference derived from HIS work!! If you don't like this, be sure to contact each of the references and ask them to clarify the contract if anyone were to call them for a reference. Other than that, you have no issue.
"We have already sent him a letter telling him to remove the photos and refrences, but it was not written by a lawyer, and they have not done anything."
*** As noted above, I doubt that you have any legal right to FORCE him to remove the pictures and claims.
"I would like to know if there is a legal term for what he is doing,"
*** Yes. It is called marketing.
"or if it is illegal at all."
*** From your post, no.
"You are all so helpful and funny, I hope you can help me out."
*** You're welcome.....
signed Bozo the law clown!
In closing.... in the future, before you post a photo to your website, use a simple photo editing program and put your company name or weblink into the picture. That will prevent someone from 'borrowing' it.
You might also create an employee or subcontractor agreement where the person agrees, in writing, to not make any false claims as to origin or claims for work done while under the employ of or contract for your company.
Answer:
Hey Jet, love the new signature.
Can I get a Balloon?
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Do you want it shaped like an animal??
Oh, nevermind, I know what kind of animal YOU want!!

Answer:
MEOW!!!!
Good to see you back and in spirit....Jim Beam or Jack Daniels?
Answer:
Hey Bozo, are you related to Jack or Ronald?
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Jack and Ronald have different last names. How are they related??
Answer:
Originally posted by JETX
Jack and Ronald have different last names. How are they related?? **A: stop clowning around. A lot of people have last names and they are related.