Legal Question in Discrimination Law in California

I was looking for an old art show i did an searched by my name an noticed an odd site, i clicked on it an it was an erotic story with My First and Last name in it.. ive never seen this site, never given permission to use my name, never asked.. its very potentially damaging to uncharacteristic behavior if viewed by future employers.. how do i sue them for defamation of character??

Asked on 10/14/16, 12:52 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

You don't. Unless you can establish that the author who named the character the same name as you meant to identify YOU specifically AND anyone reading the story would think it really was about YOU specifically, you don't have a case. With over 7 billion people on the planet, no matter how rare your name may be there are all but certainly other people with your same name. Choosing that name for a fictional character is not defamation. Only if you can prove that the story was ABOUT YOU the specific individual with that name, might you have a case.

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Answered on 10/14/16, 1:04 pm

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