Legal Question in Business Law in California

If you have a written agreement that he would wear your clothes for promotional purposes, then he can't object now. What does your agreement say about the future use of his likeness. He may interpret it as only allowing the use of his image during the few months of your original promotion.

He absolutely cannot take your products and sell it on his own website.

Send him a letter advising him of the rights that you contend exist between him and your company.

Since you're asking whether you can use photos to prove that you and he reached an agreement, it sounds like you did not have a written contract. That was very unwise of you. Proving and enforcing an oral agreement can be very difficult. You can hire a lawyer to try to protect your rights, but it would have been much less expensive to have a lawyer write a contract for you in the first place.

You should get a lawyer to at least write a letter re the accessory he is selling, and you should be prepared to go to court if this gentleman continues to sell it.

I agree with the attorneys above, your agreement with this individual will govern whether you have any legal rights to post his image on your website. The fact that his wearing your brand alone will not give you the right to post his photos. However, you maybe able to crop the photos such that the person is unrecognizable in any way, while still having your product featured on your website. You should contact an intellectual property attorney to discuss your options more thoroughly.

As for the accessories that he is selling, it is likely a violation of copyright. You should contact an attorney to assist you in writing a letter and if he continues, as mentioned by the other attorney above, you should be prepared to litigate.

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

I'd say "no" to your first question, and "yes" to your second.