A Canadian firm being sued by the family of a U.S. war veteran killed in Iraq says it was not directly involved in the unauthorized use of the dead man's picture in an advertisement that appeared on its dating website.

The parents of Lt. Peter Burks, who was killed in 2007 at the age of 26, have sued both Vancouver-basedPlentyOfFish.comand Dallas-basedTrue.comfor using an image of the fallen soldier.

A release from the Clouse Dunn LLP, a law firm representing the family, said that in December, a friend spotted a picture of Burks in his military uniform on the website for PlentyOfFish, also POF.com, with text saying, "Military man searching for love." Clicking on the picture brought users to the True.com website, the statement said.

The picture used was taken just days before Burks was killed, the firm said. The image also happens to be on the website for an organization the family started, the Unsung Hero Fund, which provides supplies to troops in war zones.

Lawyer Rogge Dunn said the promotion is particularly inappropriate since Burks was engaged at the time of his death.

"This has caused a great deal of pain to those who loved Peter his family and fiancee and has reopened old wounds," Dunn said in a statement.

In the law firm's release, the soldier's father, Alan Burks, said: "I just want these companies to admit what they did is wrong and to stop doing it. If I receive any money as a result of this lawsuit, I'll use it to support Peter's comrades-in-arms who are still fighting and dying for their country."

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The law firm's statement said POF.com was sent a cease-and-desist letter, and the picture is no longer being used. However, it said it has not received a response from True.com.

A spokesman for POF.com said the picture in question came from a third-party advertiser, and its appearance is not something his company had control over.

"Lt. Burks' image was never used by POF.com in any way, shape, or form," said an email from the firm's legal affairs manager, Paul Bloudoff.

"A third-party advertiser, with no affiliation to PlentyOfFish, ran an ad promoting another dating site using Lt. Burks' picture, and one of the places this advertiser ran this ad happened to be our site."

After reviewing the article:

- analyze and report (research in Canadian Law) what would the potential legal issues be in this matter.

- would there be any recourse in law?

- if yes (why), if no (why)?