Semuret Tour S.L., is a Spanish SME specialized in providing fishing tours tailor made for practitioners of this sport in Spain.
After one year of running the business in Argentina with very good results the company started to experience an increasing interest of the Argentine public in their fishing tour packages in the Patagonian region.
In order to satisfy the local demand, the company decided to operate a local website with exclusive content.
The company decided to contract the services of a local website designing company, Horizonte & Arte S.A., who would be in charge of building the new website. However, no contract was executed between both parties.
After three months of operating the local website, Semuret Tour received a cease and desist letter (C&D) from Mr. Fábrega, the legal owner of the photographies included in the Argentine Semuret Tour’s website. Through the C&D he requested the cessation of the unauthorised use of his graphic material and compensation.
Horizonte & Arte S.A. admitted to Semuret Tour that the disputed images were collected from Mr. Fábrega’s free access website.