What can I do about a porn site using my family name on their website?
Full Question:
Answer:
One of the four forms of the tort of invasion of privacy is wrongful appropriation of another's name. The unwarranted publication of a person's name may constitute the most common means of invasion of the right of privacy.
One who appropriates to his or her own use or benefit the name or likeness of another is subject to liability to the other for invasion of his or her privacy. In order that there may be liability concerning the appropriation of one's name or likeness as a basis for tort liability for invasion of privacy, the defendant must have appropriated to his or her own use or benefit the reputation, prestige, social or commercial standing, public interest, or other values of the plaintiff's name or likeness.; It is not enough that the defendant has adopted for him or herself a name that is the same as that of the plaintiff, so long as he or she does not pass him or herself off as the plaintiff or otherwise seek to obtain for him or herself the values or benefits of the plaintiff's name or identity. Unless there is such an appropriation, the defendant is free to call him or herself by any name he or she likes, whether there is only one person or a thousand others of the same name.
