Married Woman Sues Match.com For Using Her Photo In Ads
from the false-endorsement dept
It seems like her real complaint is with the photographer who uploaded the images, and suggested they were free and available for a variety of uses. While the license on the stock photo site did say the image could not be used to endorse a product, it's difficult to see how Match.com or HealthCentral could have reasonably known that the photo was of someone who didn't want it used at all. It seems like attaching liability to those sites would open up huge potential liability for third parties using stock images. Of course, you could argue that such sites shouldn't use stock images in the first place, but that's a separate issue beyond the legal questions. In this case, though, she's alleging both defamation and misappropriation of likeness. The law may be on her side concerning the defamation claim (that may depend on the specific state law), but I do worry about the implications if that's the case.