need advice on a "stolen" picture...

[flipteg]

hi, i have a picture of a clownfish that is being used without my permission by a website that sells clownfishes... i'm also using this picture for my own products' promotions so this website is in a way in direct competition of me...

i initially posted the picture on an aquarium forum's photo contest... the photo was later selected by the forum's admin and it was put on a page with the description of that particular kind of clownfish... i didn't mind this so much because it was only informational and helps the hobby, but that placed the picture quite high on an image search of "percula clownfish" on Google images... i'm pretty sure this is how the commercial site found my picture...

i just emailed them a rather polite message telling them about the picture and asking them to take it down... while waiting for a reply, i need some advice about what my rights are regarding the picture... since clownfishes are quite small, and i wasn't using a macro lens, the picture is heavily cropped, so it is very easy to prove it is mine... also, the website didn't even bother cropping out my name watermark which is clearly visible on the corner of the picture...

any advice is appreciated...

[flipteg]

ok, the website's designer agreed to remove the pictures, although he was asking my permission if the one in the main banner can remain if he gave me credit... i had to turn it down because the picture is part of my logo for a competing product...

[Lonnie]

Sounds like the problem is solved, unless you are looking for damages for the infringement of your IP.

[Panda1]

It sounds like you've sorted this yourself, but fwiw I've heard a few horror stories about website owners using a Getty Image by accident and then being stung with a huge bill several months later for use of the photo during that time. Of course, Getty have a legal team backing them!