Let be realistic about this -- The owner of this watch owns both the watch and the original copy of the photograph; he is seeking to sell the watch in a commercial transaction, presumably for a profit; at this time, he has been put on notice that the watch is a fake. How realistic is it that any court, anywhere in the world, will protect his exclusive right to use this photograph? Will a court prevent OTD's use of this photograph to expose the fraud and protect prospective purchasers?

As I was doing some legal research on this point, I wondered why there seemed to be no case precedent, directly on this issue. Surely courts must have ruled on the right of a third-party to use photographs to illustrate / expose fake goods? Then the answer became clear: How many guys selling fake goods would go into court to seek to protect their rights to their photographs? Not a single one! What would they claim as damages -- the amount that they would have stolen from the innocent purchaser?

Bottom line - - - A court might be interested in the intellectual property / academic issue, but would likely not take well to the use of court / public resources to protect the sale of fraudulent goods! That would likely be the begining and end of any such lawsuit.

Jeff

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: The owner could ask you formally to cease and
: desist using the photographs assuming of
: course he can prove he owns the copyright.
: Until then I suggest you wing it - business
: as usual!