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