Cy-Fair ad agency sued over Getty image

A construction company specializing in disaster cleanup is suing an advertising agency in Cy-Fair over unauthorized use of a Getty’s image.

Calvary Construction Co. filed a lawsuit on March 3 in the Harris County District Court against Advent Inc. of Cy-Fair, citing breach of contract, violations of the Texas Deceptive Trade Practices Act, fraud and negligent misrepresentation.

The plaintiff says that it hired Advent to create brochures, banners, advertising folders and postcards for use in an April 2008 industry trade show. Calvary Construction, pleased with the results, purchased the image used by the defendant, believing that Advent had the right to sell it, according to the press release.

Calvary Construction incorporated the purchased image into its logo and website.

In June 2010, the plaintiff was surprised to receive a letter from Getty Images demanding that it cease and desist using the image it purchased from the defendant and immediately pay damages for unauthorized use of Getty’s copyrighted image, alleges the plaintiff.  

Calvary Construction claims that Advent knew all along it did not have the right to sell the copyrighted image, but did so anyway.

Calvary Construction is seeking economic and exemplary damages, attorney’s fees and court costs. It is being represented in the case by Houston attorney Jamie King.

Harris County District Court Case No. 2011-13384.

This is a report on a civil lawsuit filed at the Harris County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.