I don't get it actually. This whole fight seems pointless. Get a camera, take a picture, replace the "borrowed" picture with one you took yourself and be done with it. Why would either side have to fight? I would take a picture myself and email it to them just to end the issue, if I had the tomato in question. Nearly every cell phone now a days has a camera good enough for taking a picture of a tomato for a website like Penny's. Seems likely Penny actually just hired someone to do her website for her, and the person she hired cut corners by downloading pics off the net. Probably used Google pics.
The whole thing seems ridiculous.
Maybe instead of demanding she take down the photos, just demand she pay you 10% of every sale from that variety?
Offer her even more pics so you can get 10% of everything she sells!
This way I am sure she would change the pic fast!