Legal Question in Intellectual Property in California

There are remedies for theft identity and libel, but the fact situation is not clear from your post. Consult with an attorney in your area for specific action you can take, given your circumstances.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

"Name infringement" is not a concept or cause of action upon which one can base a lawsuit. However, the same set of facts may amount to identity theft, fraud, deceit, and/or several other things which are actionable.

If your main objective is to stop future use of the name, I'd suggest thinking in terms of a lawyer-written (polite but firm) letter requesting cease-and-desist, followed up by a suit for a TRO and injunction if necessary.

If you have money damages, think in terms of the causes of action mentioned in the first paragraph. If the damages result from business diversion, add state-law based unfair competition to the list, and cyberpiracy based on Federal law.

A problem with suits over personal names is that they are not generally protected by copyright or trademark law, making it necessary to look beyond the concept of infringement to find a ground for suit. (There are exceptions, of course, if your name is Gallo or Gloria Vanderbilt or Vidal Sassoon).