Demand for name change - has anyone ever seen this? - Page 2

DavidWatts · 10-31-2004, 03:16 PM

I guess I better not start a website about my league. One of the first things I do when I start a fictional league is to randomly edit all names. For a long time I would play with the computer generated names, but I found myself only referring to guys by the last names, due to that is what you see most often. My solution, name players after celebrities, co-workers, Friends, past schoolmates,serial killers, evil dictators, old teachers, rock stars, presidents and or politicians etc etc. Hell, maybe if I did have a website Charles Manson would e-mail me and complain that he isn't getting enough at-bats.

Long_Long_Name · 10-31-2004, 03:19 PM

I'll name my son Frewwwqwosd. That way, I won't have to worry about anyone sueing me over using their name.

oldtime · 10-31-2004, 10:00 PM

Unless this person can prove that HE is the player mentioned, he has no case. Is there as John Smith in your league. How many of those are around??? Unless you are defaming the person by using actual information about his life, or you are using his likeness, it is just a name.

Now if you lifted a roster from a HS team to use all the names, he could prove you are using HIS name. Also you are not making a profit ( I don't think from his name). In any type of lawsuit he would have to prove damages for you to compensate him for or could claim a portion of your earnings from his name.

Long_Long_Name · 10-31-2004, 10:16 PM

Again... would it be so hard to do just to change his first name from John to Jack or something?

Kaline · 10-31-2004, 10:44 PM

How did he even find it anyways?

My guess is A) Disgruntled former GM (assuming online league) who just wants too start a fuss or

B) He typed his name into Google, this is all that came up, he thinks hes being funny and is likely very bored and wondering what you'll say.

SandMan · 11-01-2004, 12:18 AM

There is no legal basis for this individual to ask you to change the fictional name of your player. The name probably is not unique so the person doesn't have a case on infringing or defaming his name. You have also not caused this individual any harm to his character unless he is a baseball player and your player is truly bad and you make references to the other person. I also would be honored to see my name on a website baseball league, even if the character was fictional.....

I would not answer to this individual and ignore any of his requests. He has no basis to complain and no lawyer in this country would sue a league for using random names that creatred a name that was similar to an actual persons name. With no middle name or matching birthdates this person cannot say that there is a resemblance to his character.....just go on with your league and ignore this individual.....

Dagrims · 11-01-2004, 12:31 AM

First, challenge him to define the word "expiate" without consulting his lawyer or a dictionary. Next, change the name subtly. For example, his (and the fictional player's) name appears to be XXXX YYYYYYYYY, which is a weird enough name to begin with. Comply with his wishes by renaming the player something like XXXX YYYYwhinymoronYYYY. Just a couple additional letters take you out of this legal quandary. Or you could use XXXX YYexpiate, which would work just as well, now that I think about it.

Best of luck. Sincerely,

XXXX YYYYYYYYZ (no relation)

Joshv02 · 11-01-2004, 08:18 AM

It is most likely a dumb kid who is trying to get a rise out of you.

This wouldn't be a defamation question. Defamation is, essentially, a false statement that lowers someone's reputation or esteem in the eyes of others. I am unclear what the defamatory communicative statement that "Bob Jones crushes three homeruns" would be be. Perhaps the league says that "Bob Jones is a career minor leaguer," when the *real* Bob Jones once had an AB in the majors? This is not defamation unless, that is, you league creates new injuries and perhaps gave Bob Jones syphilis. STDs are probably defamation per se; unless Bob actually does have syphilis. Then, Bob is out of luck on two counts.

If your players were named, for example, Jessica Alba, then it would be a different question. Then the question would be one of the right to publicity, or the expropriation of ones own name. Though, my name has no commercial value, Jessica can make a pretty penny licensing her name to OotP (and Steve/Henry might fall off their chairs trying to convince Markus to pay up). Then, it doesn't matter if you say nice or mean things about Jess, she has a right to make some dough from Markus, and you are getting in the way. (But, you have some a'ight defenses there, too.) That ain't cool to Jess.

Whoever this was, they didn't have a lawyer help them, or their lawyer is a bigger idiot then they are.

This is in no way legal advice. Legal advice would require actual research and knowing what the hell you are talking about. I've done neither.

phenom · 11-01-2004, 08:50 AM

tell him that if he can get everyone else in the world who shares his name to change theirs, then you'd happily oblige.

Otherwise, direct him to aisle 2. That's where the "life" packages are sold.

canadiancreed · 11-01-2004, 09:02 AM

Quote:

Originally Posted by phenom

tell him that if he can get everyone else in the world who shares his name to change theirs, then you'd happily oblige.

Otherwise, direct him to aisle 2. That's where the "life" packages are sold.

I think his lease on reality has expired and he's too "poor" to get ti renewed.

andjbock · 11-01-2004, 09:09 AM

Disclaimer: Any resemblance to actual persons, living or dead is unintentional and purely coincidental.

They person should go screw themselves. They are clearly a huge loser. Tell them that OOTP doesn't know names just ratings.

andjbock · 11-01-2004, 09:15 AM

This gives me a good idea. My fic league may be in line for someone to become the next World B. Free or Kareem Abul-Jabbar.

eriqjaffe · 11-01-2004, 09:30 AM

Give your fictional player a nickname, such as "The Disclaimer".

ctorg · 11-01-2004, 09:41 AM

I don't believe he can take any legal action against you if you have the standard disclaimer on your site.

Weird, this isn't the first time I've heard of problems resulting from the use of a name in a league. Last time, it was more legitimate: the league used real player names.

D Love · 11-01-2004, 10:34 AM

I would post the person's name so that every online OOTP league out there adds a player by that name to their league.

I would just ignore the email. Tempting to respond, even if politely, but that would just remind the guy you exist and/or that you are giving him the time of day.

dangarion · 11-01-2004, 10:39 AM

I would so tell the guy to F off...

jm47048 · 11-01-2004, 10:49 AM

Quote:

Originally Posted by Nuk

I just received the following e-mail in my inbox this morning...to clarify - I run a fictional league - and all names were generated randomly - in fact this particular name was generated back when the league started, with OOTP3.

I've obviously not used the name here (Because that's not really important) - but does anyone know of any legal crap I might be in if I refuse this request - because - in my opinion - it's silly.

If you do not plan to make money, use the name for personal gain, use the name for anything other then a fictional setting, then there is no action this person can take against you. This person sounds like a schmuck who is out looking to pave his own way by not having to work for a living, and prey on people who do not know much about the law (no offense to you sir, that is only what this person is trying to do to you). I think you can replay to this person, and tell him that unless he has any legal claim to the name for money reasons, i.e. that it will hurt his life forever if not removed, then he can shove it.

My brother once ran a small software business. It was called MVP Software. The name was chosen and legally searched through in a database to see if someone else owned the name (now this is a business name, not a person's name, but same idea). After my brother was up and running, another business owner using the same name sued my brother for all of the profits. My brother asked him for documentation on his business to prove his case. The other owner refused to show, so my brother filed a counter suit for the same thing, saying that this was his business name fisrt and had the documentation to prove it, and so he sued this guy for his profits. My brother won the suit, and but the other moron out of business.

Anyway, to make a long story longer, my point is unless it is going to hurt this person financially, or unless you are trying to make money from his name, which I assume you are not, then this guy can take his complaint and shove it. A name is not intellectual property.

Melo · 11-01-2004, 11:01 AM

The fact that he refers you as "Commish" seems to imply that he has some experience with online leagues. I would assume it's either a joke or a disgruntled ex GM.

jm47048 · 11-01-2004, 11:22 AM

That's true. I had not noticed that until your post. He did call you Commish. What a joke. You should threaten to sue him since you now feel threatened by hostile communication (I study law

)

tcblcommish · 11-01-2004, 11:26 AM

Well, I had something similar to this in my league that I ran and the guy told me that I wasn't allowed to use his name. I told him that the player was fictional, was different size and height, was a fictional professional baseball player and that it had nothing to do with him whatsoever. I also showed him that the player in the league had a picture and that if I was trying to portray him in my league, it would be his pitcure.

People have the same names all the time. tell him to go to hell and see what he says. Worst case is he actually tries to persue something and then you could just change the dude's name.

Good luck

10-31-2004, 03:19 PM	#22
Long_Long_Name Hall Of Famer Join Date: Jan 2002 Location: Montréal Posts: 7,065	I'll name my son Frewwwqwosd. That way, I won't have to worry about anyone sueing me over using their name. __________________ Beta Baseball. Join it!

10-31-2004, 10:16 PM	#24
Long_Long_Name Hall Of Famer Join Date: Jan 2002 Location: Montréal Posts: 7,065	Again... would it be so hard to do just to change his first name from John to Jack or something? __________________ Beta Baseball. Join it!

11-01-2004, 12:31 AM	#27
Dagrims Hall Of Famer Join Date: Jan 2002 Location: Orlando, FL Posts: 3,827	First, challenge him to define the word "expiate" without consulting his lawyer or a dictionary. Next, change the name subtly. For example, his (and the fictional player's) name appears to be XXXX YYYYYYYYY, which is a weird enough name to begin with. Comply with his wishes by renaming the player something like XXXX YYYYwhinymoronYYYY. Just a couple additional letters take you out of this legal quandary. Or you could use XXXX YYexpiate, which would work just as well, now that I think about it. Best of luck. Sincerely, XXXX YYYYYYYYZ (no relation) __________________ "Read books, get brain."

11-01-2004, 08:18 AM	#28
Joshv02 Hall Of Famer Join Date: Feb 2003 Location: , " Posts: 3,082	It is most likely a dumb kid who is trying to get a rise out of you. This wouldn't be a defamation question. Defamation is, essentially, a false statement that lowers someone's reputation or esteem in the eyes of others. I am unclear what the defamatory communicative statement that "Bob Jones crushes three homeruns" would be be. Perhaps the league says that "Bob Jones is a career minor leaguer," when the real Bob Jones once had an AB in the majors? This is not defamation unless, that is, you league creates new injuries and perhaps gave Bob Jones syphilis. STDs are probably defamation per se; unless Bob actually does have syphilis. Then, Bob is out of luck on two counts. If your players were named, for example, Jessica Alba, then it would be a different question. Then the question would be one of the right to publicity, or the expropriation of ones own name. Though, my name has no commercial value, Jessica can make a pretty penny licensing her name to OotP (and Steve/Henry might fall off their chairs trying to convince Markus to pay up). Then, it doesn't matter if you say nice or mean things about Jess, she has a right to make some dough from Markus, and you are getting in the way. (But, you have some a'ight defenses there, too.) That ain't cool to Jess. Whoever this was, they didn't have a lawyer help them, or their lawyer is a bigger idiot then they are. This is in no way legal advice. Legal advice would require actual research and knowing what the hell you are talking about. I've done neither. __________________ Brookline Maccabees. RIP Last edited by Joshv02; 11-01-2004 at 09:05 AM.

11-01-2004, 08:50 AM	#29
phenom Hall Of Famer Join Date: Mar 2003 Location: Near the Great Wall. On the GOOD side. Posts: 3,774	tell him that if he can get everyone else in the world who shares his name to change theirs, then you'd happily oblige. Otherwise, direct him to aisle 2. That's where the "life" packages are sold. __________________ reported

10-31-2004, 03:16 PM	#21
DavidWatts Minors (Single A) Join Date: Apr 2004 Location: Shreveport Posts: 51 Infractions: 0/1 (1)	I guess I better not start a website about my league. One of the first things I do when I start a fictional league is to randomly edit all names. For a long time I would play with the computer generated names, but I found myself only referring to guys by the last names, due to that is what you see most often. My solution, name players after celebrities, co-workers, Friends, past schoolmates,serial killers, evil dictators, old teachers, rock stars, presidents and or politicians etc etc. Hell, maybe if I did have a website Charles Manson would e-mail me and complain that he isn't getting enough at-bats.

10-31-2004, 10:00 PM	#23
oldtime Minors (Double A) Join Date: May 2004 Posts: 127	Unless this person can prove that HE is the player mentioned, he has no case. Is there as John Smith in your league. How many of those are around??? Unless you are defaming the person by using actual information about his life, or you are using his likeness, it is just a name. Now if you lifted a roster from a HS team to use all the names, he could prove you are using HIS name. Also you are not making a profit ( I don't think from his name). In any type of lawsuit he would have to prove damages for you to compensate him for or could claim a portion of your earnings from his name.

10-31-2004, 10:44 PM	#25
Kaline Major Leagues Join Date: Jun 2004 Posts: 321	How did he even find it anyways? My guess is A) Disgruntled former GM (assuming online league) who just wants too start a fuss or B) He typed his name into Google, this is all that came up, he thinks hes being funny and is likely very bored and wondering what you'll say.

11-01-2004, 12:18 AM	#26
SandMan Hall Of Famer Join Date: Aug 2003 Posts: 2,946	There is no legal basis for this individual to ask you to change the fictional name of your player. The name probably is not unique so the person doesn't have a case on infringing or defaming his name. You have also not caused this individual any harm to his character unless he is a baseball player and your player is truly bad and you make references to the other person. I also would be honored to see my name on a website baseball league, even if the character was fictional..... I would not answer to this individual and ignore any of his requests. He has no basis to complain and no lawyer in this country would sue a league for using random names that creatred a name that was similar to an actual persons name. With no middle name or matching birthdates this person cannot say that there is a resemblance to his character.....just go on with your league and ignore this individual.....

11-01-2004, 09:09 AM	#31
andjbock Hall Of Famer Join Date: Jul 2003 Location: Somerville, MA, USA Bats: Right Throws: Left Posts: 3,640	Disclaimer: Any resemblance to actual persons, living or dead is unintentional and purely coincidental. They person should go screw themselves. They are clearly a huge loser. Tell them that OOTP doesn't know names just ratings.

11-01-2004, 09:15 AM	#32
andjbock Hall Of Famer Join Date: Jul 2003 Location: Somerville, MA, USA Bats: Right Throws: Left Posts: 3,640	This gives me a good idea. My fic league may be in line for someone to become the next World B. Free or Kareem Abul-Jabbar.

11-01-2004, 09:30 AM	#33
eriqjaffe Hall Of Famer Join Date: May 2003 Location: Under The Christmas Fish Posts: 7,765	Give your fictional player a nickname, such as "The Disclaimer". __________________

11-01-2004, 09:41 AM	#34
ctorg Global Moderator Join Date: Nov 2002 Location: Queens, NY Posts: 9,848	I don't believe he can take any legal action against you if you have the standard disclaimer on your site. Weird, this isn't the first time I've heard of problems resulting from the use of a name in a league. Last time, it was more legitimate: the league used real player names. __________________ My music "When the trees blow back and forth, that's what makes the wind." - Steven Wright Fjord emena pancreas thorax fornicate marmalade morpheme proteolysis smaxa cabana offal srue vitriol grope hallelujah lentils

11-01-2004, 10:34 AM	#35
D Love All Star Reserve Join Date: Mar 2002 Location: Queens, NY Posts: 904	I would post the person's name so that every online OOTP league out there adds a player by that name to their league. I would just ignore the email. Tempting to respond, even if politely, but that would just remind the guy you exist and/or that you are giving him the time of day.

11-01-2004, 10:39 AM	#36
dangarion All Star Reserve Join Date: Feb 2003 Location: Orange, CA Posts: 569	I would so tell the guy to F off... __________________ DanGarion GM - Los Angeles Dodgers The Peanuts and Cracker Jack Baseball League PCJBL!

11-01-2004, 11:01 AM	#38
Melo All Star Starter Join Date: Nov 2003 Location: Where the baned reside Posts: 1,428	The fact that he refers you as "Commish" seems to imply that he has some experience with online leagues. I would assume it's either a joke or a disgruntled ex GM.

11-01-2004, 11:22 AM	#39
jm47048 All Star Starter Join Date: Oct 2004 Posts: 1,247	That's true. I had not noticed that until your post. He did call you Commish. What a joke. You should threaten to sue him since you now feel threatened by hostile communication (I study law )

11-01-2004, 11:26 AM	#40
tcblcommish Hall Of Famer Join Date: Mar 2002 Location: Canada Posts: 3,444	Well, I had something similar to this in my league that I ran and the guy told me that I wasn't allowed to use his name. I told him that the player was fictional, was different size and height, was a fictional professional baseball player and that it had nothing to do with him whatsoever. I also showed him that the player in the league had a picture and that if I was trying to portray him in my league, it would be his pitcure. People have the same names all the time. tell him to go to hell and see what he says. Worst case is he actually tries to persue something and then you could just change the dude's name. Good luck