A WOMAN who claimed damages of 300,000 yuan (US$42,254) from two companies for using a picture of her dog on a pet lotion has had her claim thrown out by a court.

The Futian court said the current law did not include protection for pictures of animals at a hearing Wednesday.

The plaintiff, identified only as Wang, accused the two cosmetic companies of using a picture of her dog, which she had given to Pet World magazine, on the packaging of the pet lotion. The products had been distributed nationwide.

Wang said the companies used the picture for business purposes, without her consent, in violation of the law. She demanded the two companies stop using the picture and apologize.

But the two companies said the photo they used had been provided by their customers. Shenzhen Libangda Industrial Co. said the company started producing pet lotion in July 2007 and used a pet photo provided by a customer. In September, Wang became the owner of a dog that looked similar to the one on the package.

The court rejected the claim saying Wang failed to prove the picture on the packaging was one of her dog and that the law regarding rights in portraits does not protect photos of animals. The court told Wang that she could claim damage for copyright infringement if she could prove she took the photo. (Han Ximin)