Can I demand that my competitor removes my advertising from their website?
July 29, 2023 | 30,00 EUR | answered by Greta Kleine
Dear lawyer,
I run a small business that specializes in the manufacturing and sale of handmade jewelry. Lately, I have noticed that my direct competitor is advertising his own jewelry store on his website using images and texts of my products. This advertising is very similar to my own and could potentially lead customers to him instead of me.
I am concerned that this type of advertising could affect my sales and I wonder if I can take legal action against it. Can I demand that my competitor remove my advertising from his website? Are there legal steps I can take to protect my interests and ensure that my intellectual property is not being unlawfully used?
I would greatly appreciate it if you could provide me with information on my rights in this situation and suggest possible solutions. I want to ensure that my business is treated fairly and that my competitor does not gain unfair advantages through the use of my advertising.
Thank you in advance for your support.
Sincerely,
Mia Engel
Dear Ms. Engel,
Thank you for your inquiry regarding the unauthorized use of your advertising by your competitor. It is understandable that you are concerned that this type of advertising could affect your sales. As a lawyer specializing in competition law, I would like to provide you with information about your rights in this situation and suggest possible solutions.
First of all, I would like to point out that as the owner of the rights to your advertising materials, especially the images and texts of your handmade jewelry, you have copyright protection for these works. This means that your competitor cannot use images or texts from your website to advertise his own jewelry business without your permission. By using your advertising without authorization, he could be infringing on your copyright.
In such a case, you have various legal options to address the unauthorized use of your advertising. You can first ask your competitor to immediately remove the images and texts from his website. If he does not comply with this request, you can take legal action and file a cease and desist order against him. Through such a lawsuit, you can obtain a court order for him to stop using your advertising and potentially have to pay damages.
Additionally, you may also consider issuing a warning letter to your competitor. In a warning letter, you can clearly indicate to your competitor that his behavior is unacceptable and demand that he cease and desist. A warning letter can often help in reaching an out-of-court settlement and avoiding further legal action.
In any case, I recommend seeking legal advice to protect your interests and ensure that your intellectual property is not unlawfully used. I am available in my online office hours to answer further questions and assist you in enforcing your rights.
Best regards,
Greta Kleine
