Man sues Walmart for using ‘personal picture’ for in-store ad – he insists it’s hurting his business

A LOUISIANA man has sued Walmart for using a personal picture for an in-store ad and said that his father is “turning over in his grave right now.”

The local shrimper alleged that the ad showing a photo of his boat that his father built is being used to sell imported shellfish, which is hurting his business.

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George Barisich took legal action against the big box retailer when he saw that a store in Meraux – about a 26-minute drive southeast of New Orleans – was allegedly using a photo of his shrimp boat, the FJG, without permission.

The FJG is docked on Bayou La Loutre in Yscloskey – about a 20-minute drive southeast of Meraux.

It was built by Barisich’s father nearly 70 years ago.

Now, a photo of the boat hangs above a Walmart cooler full of shrimp from Indonesia and Ecuador.

“The imported shrimp is putting us out of business, and they’re using our likenesses to sell more imported shrimp,” Barisich told local CBS affiliate WWL last month.

He added: “My daddy’s turning over in his grave right now.”

Barisich’s lawsuit filed last week alleges that the placement of the ad suggests that the shrimp in the cooler is from the FJG and not imported.

“Such conduct falsely indicates to consumers that the advertised products of imported seafood are approved by, sponsored by or affiliated with Plaintiff in some way,” the suit states.

The suit also alleges that Walmart is in violation of a local law banning the sale of certain imported seafood.

Barisich called the ad “the biggest slap in the face you ever seen.”

About 80 percent of shrimp consumed in the US comes from other countries.

“The worst part about it is that boat is tied up because last year there wasn’t enough profit margin to keep it going,” Barisich said.

Walmart said last month that it had asked its Meraux store to only stock local shrimp below the ad.

“Walmart proudly sells a large selection and amount of Gulf shrimp, and we have asked the store to merchandise only Gulf shrimp below that sign to ensure there is no confusion,” the company said.

But that wasn’t enough to stop Barisich’s lawyer from going after the retail giant.

“Their deceptive and illegal activity falsely indicates to Walmart consumers that the advertised products of imported seafood are affiliated with Mr. Barisich,” the shrimper’s attorney, Sidney Torres III, said, per WWL‘s recent reporting.

Torres said of his client, who is the president of the United Commercial Fishermen’s Association: “FJG boat imagery has been used by him for over 35 years in seafood industry advocacy work.”

There is also state law that bans misleading packaging or marketing that uses Louisiana-related images to sell foreign seafood.

But one lawmaker previously said it’s unclear if Walmart’s ad violates the law because there are Budweiser logos on the image that seem to be advertising beer instead of seafood.

Walmart said in a new comment: “We will respond appropriately to the Court once we are served with the complaint.”

The U.S. Sun reached out to Walmart for comment.

‘IN SURVIVAL MODE’

Another local shrimper, Charlie Robin, said last month, “We’re in a survival mode now.”

“We’re not making a living. So, it’s not fun,” he added.

Robin called the Walmart ad “an insult to us and our culture.”

Barisich’s suit asks for monetary damages and to block Walmart from using the ad without Barisich’s consent or compensation.

Barisich also wants a judge to rule that the retailer broke local law by selling imported shrimp and must stop doing so.

https://www.the-sun.com/news/14032000/walmart-sued-shrimp-boat-ad-louisiana/