Lawsuit Over Fallen Soldier’s Photo

Last week Burks’ family filed a lawsuit against the dating websites PlentyofFish and True.com for neglecting to obtain permission to use the photo. According to the suit, which was filed in state district court in Dallas, the dating companies profited from the use of the photo and misled the public in the process.

The fallen soldier’s father, Alan Burks, says the photo, which was taken a short time before the 26 year-old was killed in Baghdad, is the same photo used on the website of the family’s Unsung Hero Fund, which has provided soldiers in Iraq and Afghanistan with more than seven tons of supplies.

The photo was first revealed to Burks’ family in December after a family friend saw the photo on a PlentyofFish.com advertisement and was directed to True.com after a click-through. However, Vancouver, British Columbia-based PlentyofFish Media did not reveal when the ads were first used.

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Paul Bloudoff, the spokesperson for PlentyofFish Media, claims that while his company did not participate in an online advertisement campaign in the US in December, third parties do advertise through the company’s site. He went on to note that PlentyofFish Media cannot be responsible for third-party ads but has taken steps to block the advertisements in question from its company’s network.

True.com, which is based in Dallas, also claims to have no information on how the photo made it onto their site. True.com President Ruben Buell did say that the company purchases advertisements that are found on other websites.

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Burks’ family however, claims that PlentyofFish Media has promised only to remove the photo from its site when presented with a cease-and-desist order and True.com has also failed to respond to its requests.

“These websites are using the photo of a fallen hero simply as a means to make money and that’s just plain wrong,” said Rogge Dunn who filed the lawsuit on behalf of Burkes’ family. The suit asks for compensatory and punitive damages.

“For me, this is making sure that the honor of Peter is protected,” said Alan Burks, the soldier’s father. “I just want these companies to admit what they did is wrong and to stop doing it.”

Any money awarded from the lawsuit will be used to benefit soldiers through the Unsung Hero Fund.