Legal Question in Civil Litigation in Texas

Company using my name in web ad (sort of)

Microsoft is using my name (with a one letter spelling change) on their website promoting a game that I was a tester on.

The name is listed as the exact same spelling of mine but replaces an A with a U and is part of their content piece...it has been there since the game launched.

I've never thought of asking this before, I always thought it was just cool, but are they profiting from my extremely unique name as part of their content and would I have any case in this?

Just wondering.


Asked on 12/07/06, 10:56 am

2 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Company using my name in web ad (sort of)

You'll want to touch bases with an Intellectual Property firm to get your answer. Look up "Patent Attorneys", rather than "Attorneys" to find them.

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Answered on 12/07/06, 11:02 am
Roger Evans Mathis & Donheiser

Re: Company using my name in web ad (sort of)

It's very doubtful that you could assert that they are profiting from your name. If it is only a first name, especially, that would be even more far-fetched. If it is your first and last name, and you are well known within the buying community, you might have some claim if people are buying the product "because of" your endorsement, but only if you could prove that. Similarly, if you have specific instances where you are being held up to ridicule, you might also have some claim. Neither of those scenarios is likely. In addition, you probably signed a release when you tested it to permit them to do what they are doing. Ask yourself, are they making any additional profit because they are using your (altered) name? Are you being personally harmed because they are doing so? If the answer to those questions is "no," you don't have a claim. Just enjoy the small notoriety that is probably limited to you, your family and a few friends.

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Answered on 12/07/06, 11:07 am


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