Legal Question in Technology Law in California
About posting on a messageboard
is this legal? sent on a messageboard to an impersonator.
Please be advised that your actions constitute, among other offenses, a wrongful use and misappropriation of xx�s name in violation of his federal and state common law rights, as well as federal and state statutory rights including, without limitation, rights of publicity, rights under the Lanham Act and certain rights under the Trademark Cyberpiracy Prevention Act. Your actions violate numerous laws that provide for civil and criminal penalties for which you may be liable, and provide xx with numerous remedies including, without limitation, injunctive relief and recovery of actual and/or statutory damages.
Demand is hereby made that you immediately cease and desist from using xx.name in any manner, and that you immediately cease and desist from fraudulently holding yourself out publicly as Mr.xx. In the event that you fail to do so,xx has instructed us to vigorously pursue all legal action necessary to protect his rights.
2 Answers from Attorneys
Re: About posting on a messageboard
The message you posted is typical of threatening letters clients pay their attorneys to compose and send when they feel their rights are infringed or when they think they can bully the other guy into submssion. Yes, it's 'legal' in the sense that it's permissible and probably not punishable. Whether it's legally correct in that it states a case against you is another matter. Neither I nor any other lawyer could possibly tell you whether this is an empty threat or a very valid claim without substantially more information, and that information would necessarily include the identity of the complaining party, which is something you are not allowed to divulge on LawGuru.
I handled a case of domain-name infringement and cybersquaqtting a couple years ago. My client was threatened with suit much as you are. We ended up selling the contested domain name to the prospective plaintiff for a six-figure sum.
So, the thunder and brimstone may just be posturing, but you should get an intellectual property lawyer to look at the merits of the complaining party's accusations, because there are legitimate cases that result in big damages.
Re: About posting on a messageboard
It is usually not defamation to send such a letter if there is a good faith basis to believe that the accusations of name impersonation are true.
Whether the name impersonation actually violates any rights, or whether the writer had a good faith basis for believing that to be the case, depends upon facts that you have not provided.
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