A qualified attorney will help you determine if you have a valid legal issue. One a state law issue, and another that is covered by federal law.
I am not an attorney, but I am familiar with the legal environment that applies to photography and the uses of photography.
In general, an advertiser needs permission (a valid, signed, model release) to use someone's likeness in an advertisement.
If the person's likeness that is used is a minor, the advertiser needs the written permission (a valid, signed, model release) of the minors parents.
Model release law is state law and varies by state, which is why you need an Ohio attorney.
An issue over the release of someones likeness for a commercial use would be heard in state court.
The theft of images off the Internet is rampant.
If you have posted images of your son on the Internet that you have taken, it may be that someone copied the one you have seen as an advertisement.
If you took the original photo, you also own the copyright to the photo, and again an advertiser needs copyright owner permission to use the photo in an advertisement.
That separate issue is called copyright infringement.
Copyright law is federal law. Copyright infringement cases are heard in federal court.
However. For the copyright issue to have legal weight the copyright needs to be registered with the US Copyright Office.
Help! I?ve Been Infringed! | Photo Attorney
Copyright registration timing is critical to protecting all your legal rights to an image, and determine if statutory or actual damages can be sought.
Actual damages are just what they say, have to be proven, and often the actual damages are substantially less than the cost of hiring an attorney and going to court. But, there is no upper limit to actual damages, and whatever profits the infringer made from the infringement can be included as part of the actual damages awarded by the court.
Statutory damages are set by copyright law, so no $$$ amount has to be proven. If an infringer can prove they were unaware they were infringing, the court has discretion to lower the statutory award from the minimum of $750, to $200.
If the plaintiff's (your) attorney can prove an infringement was willful, the maximum award the court can give is $150,000 (per infringed image) plus all attorney and court costs.
See - § 504 · Remedies for infringement: Damages and profits b and c -
http://www.copyright.gov/title17/92chap5.pdf
U.S. Copyright Office - Copyright Law of the United States
U.S. Copyright Office
