Man claims house remodeler used home photos for advertising without permission

John Suayan, Galveston Bureau Jun. 21, 2011, 5:43am

GALVESTON � J. Cameron Earley accuses Spiros Charalambous of invading his privacy in a lawsuit filed June 9 in Galveston County Court at Law No. 2.

Earley claims Charalambous, doing business as Charalambous Custom Homes and Cabinets, used pictures of his home's interior and his pets for an advertisement without his permission.

The original petition explains that the Charalambous visited Earley on June 11, 2009, to show him a "trailer wrap" of his work trailer.

Earley saw images he insists were not approved for Charalambous' use.

"The plaintiff did not authorize these images to be used as advertisement for the defendant and did not authorize their use in any way," the suit says.

"Additionally, the defendant is placing in harm, the plaintiff's personal safety and private property."

Earley describes Charalambous's alleged actions as "an invasion of privacy and (a) misappropriation for commercial use."

Texas recognizes under common law the right to protect against misappropriation of images for commercial use, the suit says.

It also asserts that the defendant "has not provided monetary compensation for the use of the images and the resulting profits made from the use, advertisement or suggestion of reference."

Consequently, the plaintiff seeks unspecified monetary damages and a jury trial.

He is representing himself in the case.

Galveston County Court at Law No. 2 Judge Barbara Roberts is presiding over the case.

Cause No. 65,438

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