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A site that is dating “men and women in uniform” thought they found the most wonderful report to help make the poster child because of their social media marketing campaign: a smiling, single, handsome guy dressed up in authorities attire.
Nevertheless the man when you look at the image is really an officer that is married dad, who insists he never made a merchant account using the web site, Uniformdating.com, and it is accusing them of stealing the image from their Facebook page.
David Guzman, whom works for the Golden Beach Police Department mingle2 dating site in Miami-Dade County, filed a lawsuit in May into the Southern District of Florida against NSI Holdings Limited, the company that is british owns your website.
Uniform Dating ran the advertisement at issue utilizing a photo of Guzman that identifies him as “Jason,” that is solitary. Guzman stated in the problem he had been surprised to look at ad and only discovered of whenever numerous friends saw it and reached out.
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Guzman states he never utilized your website, and posted the photo which Uniform Dating familiar with his personal Facebook web page in April 2018.
NSI Holdings “scraped” the photo through the officer’s Facebook and tried it in Facebook and Instagram ads, which he “never consented to, allowed, assigned, certified, or perhaps consented to Defendant’s usage of their image,” in line with the suit.
Whenever Guzman asked NSI Holdings to end utilizing their image, the business first asked him to show their identification. As he did, NSI Holdings continued utilising the image anyhow, the issue alleges.
However the parent company of Uniform Dating informs a tale that is different.
Within their motion to dismiss the suit, NSI Holdings claims they took the image from a profile on the site, that they had permission to utilize.
“The facts and evidence open to it indicate that Plaintiff himself — or at the minimum, somebody who understands Plaintiff’s individual information that is identifying was the in-patient who developed the profile at issue,” they penned within their August a reaction to the suit.
NSI Holdings said there was clearly a profile on the site with Guzman’s image, delivery date, and email that is personal, which they’ve verified to be accurate, but failed to state as soon as the profile is made.
The profile was just used when, which NSI Holdings claims “suggests a momentary dalliance” on Guzman’s component. The business additionally claims it is possible an enemy of Guzman developed the account, but included that the Florida officer “presented no facts or evidence that will rebut the presumption that Plaintiff himself developed the profile.”
The business additionally claims they stopped Guzman’s that is using photo Uniform Dating advertisements “within times” of their problem.
NSI Holdings keep they didn’t break what the law states. The business states this has authorization to utilize any picture some body uploads for their web site in adverts, a definite element of their conditions and terms.
Guzman is searching for statutory damages, real and punitive damages, expenses, interest, and restitution from NSI Holdings for the use of the photograph.