Nirish, your lawyer will be quick to tell you that if your picture wasn't copyrighted then you have no rights to it. Andy's can claim they found it in the public domain (which he did), therefore he can use it for anything he wants.

It still sucks that he used it to advertise something he has no intention of making, or if he did make them the last people that should be getting them are new customers, those not in the group buy. Then again I don't know the agreement he made with Kaotic, and/or if he promised anything to Kaotic about taking care of the GB first.