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Fallen soldier's photo being used on dating websites
Parents sue to stop fraudulent use of son's, others' photos
By Penny Rathbun
prathbun@starlocalnews.com
Lt. Burks was a troop leader in the Second Stryker Cavalry Regiment. He was killed on November 14, 2007 when a bomb blew up his vehicle as he returned to base following a mission in Baghdad. He is also the recipient of a Bronze Star.
His parents have filed a lawsuit against online dating services PlentyofFish.com and True.com because of claims that the companies used a photograph of the soldier killed in action to attract women to the websites.
Lt. Burks' father is Alan Burks, a former Celina resident. He now lives in Dallas. He lived in Celina for more than a decade and his daughter still lives in Celina. Burks founded Unsung Heroes to send packages of snacks, CDs, socks, baby wipes, toiletries and other things to soldiers who find it hard to get these things in a war zone. Many Celina students and residents have contributed to those boxes during various drives.
Lt. Burks' photo is featured prominently at the Unsung Heroes website, UnsungHeroFund.org.
Last December a friend of Lt. Burks was viewing PlentyofFish.com when she saw a photo of Lt. Burks taken only days before he was killed.
Alan Burks wanted to know where they got his son's picture and why they used it. He wanted the photo to be taken down.
“The only way to get these people to change their behavior is through a civil lawsuit,” Burks said. “If anything comes of this it will go directly to military charities to benefit soldiers and their families. This is not my money. If they're penalized it should not be my gain.”
Burks' attorney, Rogge Dunn of Clouse Dunn LLP in Dallas sent a cease-and-desist letter to PlentyofFish.com, based in Vancouver. The company has since agreed to remove the ad. There has been no response to a similar letter from True.com based in Dallas.
Dunn said the lawsuit will likely involve a jury trial. He declined to estimate the size of the settlement that could be awarded.
The story has received national attention from CNN journalist Anderson Cooper.
“This is an important issue because this involves people's rights,” Dunn said. This involves the internet swiping somebody's picture and ,without permission, using it. You have an intellectual property right to your name, your likeness, your photograph, your voice and your signature.”
He said this is happening more and more. Other websites could use pictures of your children from Facebook or your logo from business websites.
“Most of the time people don't worry about it. People don't realize their rights,” he said.
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