Two Dating Sites Sued Over Use Of Fallen Soldier's Photo

Lt. Peter Burks was a troop leader in the 2nd Stryker Cavalry Regiment. He was also the recipient of the Bronze Star, a medal awarded for acts of merit. More recently, Peter appeared as the poster boy for an online dating site, with the headline "Military Men Searching For Love."

That wouldn't be making headlines, were it not for the fact that Peter passed away on November 14, 2007, when a bomb blew up his vehicle as he was returning to base after a mission in Baghdad.

In December, a friend of Peter Burks was surfing PlentyOfFish.com when he spotted the ad. He clicked on it and was directed to True.com, then reported the incident to Burks' parents. His parents are now suing both sites for using their son's photo without their permission, for benefiting financially from its use, and for misleading the public.

His father, Alan Burks, said the photo was taken just days before his son was killed, at only 26 years old, in late 2007. It now appears on the website of the Burks family's Unsung Hero Fund, which celebrates the life of their son by providing supplies to troops in war zones. "I felt horrified, disgusted. It upset me," said Alan of the photo. The assumption that Peter was using online dating sites to meet women "couldn't be more wrong," Alan continued, as Peter was happily engaged at the time of his death.

Plenty Of Fish has responded to the scandal through spokesman Paul Bloudoff, who claims that the company had no advertisements online in the U.S. in December. Hundreds of thousands of third parties advertise via his company's site every month, he noted, making it impossible for Plenty Of Fish to control the ads or be aware of their content. The ad has now been blocked from the company's network, though Bloudoff believes the suit should not have been filed. "We dealt with this matter a month ago," he said in an email.

True.com president Ruben Buell has shown a little more sympathy for the Burks. "I certainly feel for his family," he said, adding that he hasn't seen the lawsuit but "will be researching this diligently."

The suit was filed last month in state district court in Dallas, TX, seeking a jury trial for compensatory and punitive damages. Alan Burks plans to donate any money awarded in the suit to military charities. "For me, this is making sure that the honor and legacy of Peter is protected," he said.