How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 30868
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Intellectual Property Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I am the fiance of a very well respected famous photographer

This answer was rated:

I am the fiance of a very well respected famous photographer (I'll call him Carter). A colleuge (not a friend of Carters, not on any level of photography as Carters; I'll call him Jack) owns a photography seminar business and asked Carter to be a part of thia business. I advised Carter to get a contract from Jack stating his intentions, compensation, and use of Carters name. Carter never did. Carter said that he trusted Jack and so the story goes...Now a year and a half later Carter becomes aware that Jack has business emails in Carters name related to Jacks business, a Facebook page which Carter agreed that Jack can run the page for him however NOT represent himself as Carter. Through this Facebook page Jack has solicited clients impersonating Carter (all through the private message icon on Facebook which I have printed out as evidence), and intent to sell Carters fine art and celebrity photographs. I have the written communication with Jack representing himself as Carter sending the client pictures of which he can choose from to purchase with a price. Some of those pictures Carter doesn't own, they are owned by another company which Carter was hired to take the pictures.

Marketing, promotional, personal, commercial clients were writing into this Facebook page privately thinking they were communicating privately with Carter where all along Jack was responding and signing his name as Carter.

Jack stated (posing as Carter) in several of these messages to direct their intentions to Jack. Jack (posing as Carter) also stated to send emails to Carter@******.com which Carter never knew existed. And now Jack says that account he recently deleted.

There is more to this story like book sales, Art-Basel photograph(s) which were sold and Carter never received a bill of sale, invoice, or proof of the exact price the photograph was purchased for.

The book sale issue mentioned is extremely disturbing because Jack's accounting which
he finally gave to Carter is self written and not a printing from the avenues in which they are sold; ie, Amazon, iTunes, and Pay-Pal.

Please, if you can give me any direction on how to handle this situation I would greatly appreciate it.

Thank you, [email protected]

Roger : Hi - my name is XXXXX XXXXX I'm an Intellectual Property litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : Your fiancé should consult a local attorney about issuing a cease and desist letter to stop Jack from any further actions, to shut down the site, stop having Jack representing himself as being Carter, etc.
Roger : As for legal claims, there would be possible copyright and trademark issues that could be pursued.
Roger : First, any images that belong to Carter would be protected by common law copyright claims, and if anything has been sold without his permission, Jack could face copyright infringement penalties.
Roger : Further, if Carter is famous in his industry (or broader), then he could have common law trademark claims to his name alone, and if Jack is using his name to get business, associate Carter with the work to induce customers, etc., then there could be a trademark infringement claim as well.
Roger : Your fiancé could have an attorney file for an injunction/temporary restraining order to shut down the website/facebook page, etc., and then turn to figuring out what all has been going on in Carter's name.
Customer: Is it against the law to post on Facebook what Jack has been doing to Carter? Carter is sopnsored by Hensel, Cannon, and other brands in the photography business. Jack's business has increased since Carter's name has been associated.
Customer: I'm sorry,JACK is sponsored by those companies.....
Roger : It would be illegal if he's representing himself to consumers/customers as being Carter, when he is not and when Carter has not authorized it.
Roger : This would be a civil matter (not criminal) and Carter could sue for what he's doing.
Customer: Can Carter publically post what Jack has been doing?
Customer: Why is this civil and not criminal? At what point is it criminal?
Roger : As long as it is true, then there would likely be nothing illegal about that. However, it would be best to consult a local lawyer about how to approach this before doing something you can't reverse.
Customer: At what point does it become criminal? Evidence of sale of Carters photographs?
Roger : You would have to identify a crime that has been committed. It may be difficult to establish this, and a criminal charge will not result in any financial compensation for him, other than possible restitution.
Customer: Ok. Thank you very much. Have a nice day.
Roger : Sure. Glad to help. Please let me know if you need anything further
Roger, Lawyer
Satisfied Customers: 30868
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 3 other Intellectual Property Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • Alex Reese

    Alex Reese


    Satisfied Customers:

    Experienced in intellectual property law
< Last | Next >
  • Alex Reese's Avatar

    Alex Reese


    Satisfied Customers:

    Experienced in intellectual property law
  • Robert McEwen, Esq.'s Avatar

    Robert McEwen, Esq.


    Satisfied Customers:

    Licensed Texas General Practice Attorney
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    I assist my clients with IP questions that arise in their daily course of doing business.
  • Thomas Swartz's Avatar

    Thomas Swartz


    Satisfied Customers:

    Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Licensed attorney in private practice.
  • Wilton A. Person's Avatar

    Wilton A. Person


    Satisfied Customers:

    MBA, Experienced and Knowledgeable in Intellectual Property Law
  • BartEsq's Avatar



    Satisfied Customers:

    Juris Doctor

Related Intellectual Property Law Questions