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Alice Wright
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We have had 2 dogs (brother & sister from the same ...

Customer Question

We have had 2 dogs (brother & sister from the same litter). Our breeder is still advertising that there has not been any cancer in her males or females for the past 15 years. This is not true. My female had a fibrosarcoma tumor removed in 2002, and we notified the breeder. In 2005, our male died of Anaplastic Intravascular Sarcoma and just this week, our female mentioned above died of lymphoma complications. Is there any legal action we can take to put this breeder out of business - she continues to make false claims about her bloodlines - and she is also using a picture of my dog for advertising purposes on her website - and has copyrighted that picture without my permission or knowledge until I happened to run across it recently? If so, I live in Northern Virginia and would appreciate a referral to consult with. Thank you. Carolyn Koukes
Submitted: 6 years ago.
Category: Legal
Expert:  Alice Wright replied 6 years ago.

Puppymom:

If you did not sign a waiver or contract that states you purchase the dogs as is so to speak, you should draft a demand letter to the breeder demanding a refund of your money by a specific date enclosing all the vet bills and supporting documents and inform them that if they fail to pay you for the dogs and vet bills, you will seek relief from the court by filing a complaint.

File a small claims court complaint against them if they don't comply with your letter.

Customer: replied 6 years ago.
You are not addressing my question - i.e., do I have legal avenues to put this woman out of business for false advertising and copyright infringement? The medical issues were not a part of my question.

FYI - My medical bills far exceed the limitations of a small claims court case - they are in excess of $15,000.00.

Carolyn Koukes
Expert:  Alice Wright replied 6 years ago.

Carolyn:

I have not seen your documents, contracts or other evidence.

There is not copyright infringement which is as follows:

Copyright infringement (or copyright violation) is the unauthorized use of material that is covered by copyright law, in a manner that violates one of the original copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.

You could sue her for fraudulent misrepresentation and fraud that warrants punitive damages to punish her and prevent her from doing this to others.

 

Customer: replied 6 years ago.
You still missed the point when it comes to the copyright issue. If you had read my question carefully, you would see that this person has used a photo of my dog and copyrighted it on her website.

At any rate, my issues are far beyond the realm of your understanding and qualifications. Thanks for trying - no need to contact me on these issues any longer.

I would like to pay you for your efforts, but you have not been of any help at all. I will have to seek the services of a local attorney, which, if I had been thinking straight, I would have done in the first place.

Thanks for trying.

Carolyn
Expert:  Alice Wright replied 6 years ago.
No problem Carolyn. I will get another attorney expert for you.

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Alice Wright
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