ST. JOHNS COUNTY, Fla. – The News4Jax I-TEAM is looking into online posts selling T-shirts and posters with Tristyn Bailey’s face and name.
St. Johns County deputies said the 13-year-old cheerleader was stabbed to death near her home in May. Investigators have charged her schoolmate, 14-year-old Aiden Fucci, with first-degree murder. Bailey’s death has affected people across the world who followed the case, sending condolences to her family and friends.
But as the case against her accused killer awaits trial, it appears some people are trying to make money off her name and picture. A concerned viewer sent us a posting on Amazon from a third-party seller in China. They’re selling the original missing person’s flyer as poster. The price? $12 to $35 depending on the size.
The I-TEAM spoke to Bailey’s mother, father and sister. They’re upset that someone would try to profit off her death, and they said this isn’t the only case.
They sent us an Etsy posting from a seller in Atlanta. The $21 shirt says “Her fight is my fight” with Tristyn Bailey’s name in an aqua ribbon. The teen’s family said they didn’t authorize it and none of the proceeds are going to the foundation they’re building in her honor.
Attorney Lauren Prater says there’s definitely legal grounds to fight the websites and the vendors.
“To have somebody do this for their own personal monetary gain is sick,” said Prater. “This is a young child, and I really hope there’s an immediate end put to these actions.”
Bailey’s family said they want her name used for good and that there are plenty of ways to do that. Simple things, like rocks painted with her name. The family is also suggesting donations to her memorial fund, which will go back to the community.
The Bailey family released a statement to News4Jax on Thursday afternoon. It reads:
“We would like to once again thank the community for their support, thoughts and prayers as we go through the heartbreaking loss of Tristyn. Again, we really appreciate that you are helping to address these situations where people are trying to profit from her name.”
A representative for Etsy responded that it does not comment on specific pages or listings, but “the family can use our online reporting form to report a violation of rights related to right of publicity, name and likeness.”
A spokeswoman for Amazon said the company is reviewing the item and it’s very likely that it will be removed.
Prater said if a cease and desist is sent and ignored, “Game on, it’s lawsuit time. That’s it at that point, then it’s get the lawyers up, get the team ready and a lawsuit is going to be filed.” said Prater. “And at that point, the people that are doing this, they’re going to be subject to the courts.”