Legal Question in Entertainment Law in California

Off shore website using my name

Hello-

I have found out that when I ''Google'' my name, I am referenced in a porn site. I am a LEGITIMATE actress, and have never, would never do porn!

I have researched the domain, and I got the name of a real person in The Netherlands. I have contacted that person (via email) however I do have a snail mail address. I have no idea what the international laws are re the internet. Can anyone help me?

Thanks!

--name removed--


Asked on 1/18/05, 1:17 am

2 Answers from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Off shore website using my name

I do some entertainment work, and I want to find a solution for you. I have extensive litigation experience so I can tell you this is not easy because you need to find the person. However, if you were willing to spend the money on the detectives/hackers -- I know some that could do it -- then you need to serve them and comply with the geneva convention. You file a complant and serve them, get a judgment here and then you bring it to Holland and file suit there under the geneva convention. They will avoid you in Holland and if you find them they will challenge your jurisdiction under the treaty -- you should win these challenges, but it will cost some more money. Finally, they have to pay you, but as you can see it is not as easy as suing your neighbor. If I can ever be of service or answer any legal question, don't hesistate to contact me.

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Answered on 1/18/05, 2:15 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Off shore website using my name

The likelihood that a lawsuit would be effective, or cost-effective, is dependent on factors including 1) how well-known you are as an actress; 2) how unique your name is; 3) the damage, if any, that the other site is doing/has done to your reputation; and 4) how much money you can budget for such a lawsuit. Probably the web site operator has little money or assets that you could effectively attach. Even if you were to pursue the lawsuit as attorney Brainard suggests, there is no guarantee that some other website will not emerge somewhere, maybe in some other country or jurisdiction. If you were to be victorious in one lawsuit, and you were to publicize the adverse effects on the perpetrator (Amsterdam Web Site Operator Faces Lifelong Poverty After Actress Sues), this might deter others. Then again, it might not. Best of luck to you!

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Answered on 1/18/05, 11:52 am


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