Legal Question in Intellectual Property in California

If I created a painting two years ago, from a photograph that I took from a public Hwy., of a vineyard scene with a house in the background, can I be sued by the homeowner? Said homeowner has contacted me and requested that I cease and desist from selling the image since he designed the home, owns the vineyard, claims that this is his business, and is planning in the future to use the same scene on his wine labels. He claims that it was illegal for me to have painted and to sell the image because I didn't get his permission. Copyright infringement? Trademark infringement? What can you tell me or where can I get more information regarding this type of issue?


Asked on 12/06/10, 4:12 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say this. From what you've said, it doesn't appear to be either trademark or copyright infringement. It seems to be more an invasion of privacy issue, if anything - and you have a "it's in the public domain" argument as you took the photo from a public highway. His future plans for a wine label are probably irrelevant as he hasn't a label yet. If he did, you may be infringing on a trademark. But he doesn't. You might ask him to specify, exactly, the basis of his legal claim. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 12/15/10, 2:08 pm


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