What to do if our pictures are used in contextual advertising of competitors in Yandex Direct?

Question

Yandex.Direct

Yandex has this type of contextual advertising

. The text of the advertiser is taken, and the background is a picture not of the advertiser, just a thematic illustration from the Internet !!!
In the above example, a picture is taken from our website from the portfolio of objects we have built, and the text of a competitor's advertisement is molded onto it. This is a disgrace on all counts.
This, firstly, is a copyright infringement, because. our picture is used by Yandex not in search, but for commercial purposes - they receive money for advertising. And secondly, this is unfair advertising, because. the consumer is misled: they show one thing and advertise another. I will say directly instead of our expensive and beautiful facade decor, all kinds of shit are advertised.
Turning to Yandex, of course, is useless until you give them a big light in the arbitration court. Any thoughts on how you can warm up Yandex for such a greyness?
It is also unclear how to prepare evidence for going to court. It will not be possible to notarize the page, because. contextual advertising, it only pops up for me (thanks to the browser history) and then not every time, of course (not only our advertising-relevant pictures are substituted). If you come to a notary to review and certify the page on his laptop, then this illegal advertisement will not come out there.
And the second question, according to which article of the Civil Code is it better to run into Yandex in this case?
Maybe someone tried to work with such a case? We are not the only ones affected by this.

Answer 1

Once again, I can write to you on my own behalf, as a practicing specialist in contextual advertising and Yandex.Direct in particular, that no images from FOREIGN sites can be automatically substituted into contextual advertising.
There are some approaches to advertisements where images from your site can be automatically used, but never from someone else's site.
Most likely, you were simply inattentive or not fully aware of how and by whom your advertisement is prepared. And even more so, you can’t know where your competitor took the image for his ad from.
If you don’t want to have it all repeated again in court, and you don’t want a counterclaim, then before raising a panic, carefully sort out the issue.

Answer 2

There are no QA lawyers here
To go to court, you need a lawyer
From a technical point of view - you should give search bots images with a watermark that clearly indicates the URL of your resource
And do not forget to check with a lawyer how you should fix your authorship of the picture on paper

Answer 3

1. I'm suing Yandex.
2. Win!
3. Profit...
And in fact it will be like this: you file, sue for several years, spend a huge amount of time and money on collecting evidence, lawyers, lawyers, in the end you lose, because by the time the picture is gone or it was used by a competitor, you compensate Yandex for losses, you waste your business. Your niche is occupied by a competitor who used your own image.
How to solve the problem: find out the number of a marketer who advertises to a competitor (the same alphabet). Call and very politely ask not to use your materials anymore. If a person agrees, wait a week, check. If not, collect the evidence base for the use of graphic material (the same photographs) and sue a competitor.
If your competitor uses your proprietary technologies, then again use standard tools.
Fighting Yandex will not be justified. Well, it will throw your site out of the index forever. You will be left without a good share of Russian traffic. Silly.
On the technical side, use watermarks. This will give 2 pluses - it will scare away competitors from using your content and, if Yandex uses your photos automatically, it will promote your brand at the expense of others.

Answer 4

Put watermarks, prohibit indexing of images in robots.txt AND

Answer 5

you are unspeakably lucky...
...and unlucky at the same time
lucky in the fact that copyright in the Russian Federation has become *before three years now, in all seriousness,
and in the fact that in the Russian Federation there is no DMCA and its European counterpart - those. to get away with "xs who flooded, here is his IP, leave me alone" will not work
and no luck - even obvious cases "here are notebooks with the cover of my picture" / "here is the packaging with design elements" (i.e. material objects) stretch (in all instances) for a year and a half and I don’t know examples from online (I’m not a lawyer): there is about software, even about articles, about pictures - alas, there is about a newspaper or - see what Lebedev has, but in the end there is still material - or a billboard, or in a newspaper / advertisement printed
in general, it’s easier for them to write, ask,