[update] Can I sue someone for using my full name in mobile game without consent?

Lhitmonchan on 15/02/2016 - 15:22
Last edited 16/02/2016 - 15:51

Hi,

Long time lurker first time poster.

A bit like this post: https://www.ozbargain.com.au/node/226627 but not really.

A "friend" of mine made an app which I know a lot of people i know have downloaded.

http://imgur.com/KUafjpw Hope that works, just made acct. (This pic is of someone else's name, not mine).

Basically the game creator has used a lot of real names of people he knows. I am his facebook friend but it's fair to say we don't really like each other. I have no idea why he would include my name except to ridicule and humiliate me. I prefer not to disclose my full name or the name of the game at this point in time. I haven't confronted him yet.

My scenario/question is: "(MY FIRST NAME) (MY SECOND NAME), a dishonest manager, has been caught illegally siphoning money from the company."
A) Terminate his employment quietly.
B) Report him to the police.
C) Ask for a share of the loot.

Without going into detail, there were some untrue things said about me a long time ago at a previous employer that were unfounded and went nowhere.

What are my options if any? Can i sue him for defamation of my name and character? This is different to the picture of house on packaging because this is actually my real name.

UPDATE

I took some of your good advice and asked him to take down my name. He replied saying, "it is just a fictional game and any resemblance, likeness or similarities to real life people is unintended and a coincidence."

I have not responded yet.

Financial

closed Comments

  • [Deactivated] on 15/02/2016 - 22:04
    +5

    E) Build a bridge and get over it.

    • No ONE on 15/02/2016 - 23:15
      +1

      He needs money for the bridge then.

  • tomclancy on 15/02/2016 - 22:21

    Without going into detail, there were some untrue things said about me a long time ago at a previous employer that were unfounded and went nowhere.

    Where there's smoke there's fire. These sorts of accusations don't come out of nowhere. I'd wager you did siphon money or at the very least do something dodgy - you're far too concerned about how this is playing out against you that there MUST be skeletons in your closet OP.

    • hitmonchan on 16/02/2016 - 09:07

      You base that on nothing whatsoever. You surely can imagine there are some cases where there is smoke but NO fire. Maybe it's only a very small percentage of cases. But can you think about how gutted you would be if that were the case for you? Your sense of outrage might be a bit disproportionate.

    • Wallyt99 on 16/02/2016 - 09:14
      +3

      Lookout @PBG you could be his next target!

  • wyrmy on 15/02/2016 - 23:02
    +13

    Anyone who thinks this doesn't cause harm needs a reality check. Took me less than 10 seconds to find the game and the name of the developer. In another couple of minutes I had his facebook profile and list of friends. Based on that I'm pretty sure I also know know OPs real name now.

    The developer is a passive aggressive bully and if he talked about OPs past employment issues in public even with thinly veiled references then it could be considered slander.

    @hitmonchan You need to talk to S privately. Watch out for the "Streisand Effect" though.. You complaining about this publicly could actually be making things worse for you.

    • derek324 on 15/02/2016 - 23:39
      -1

      Anyone who thinks this does cause harm should not be using the Internet at all.
      https://www.youtube.com/watch?v=aPJHI0VYVJo

    • rompastompa on 16/02/2016 - 00:15

      One of 514 "friends" ;)

    • hitmonchan on 16/02/2016 - 09:09

      thank you wyrmy. I know it's not the biggest of deals but it is to me.

      yeah, I used this forum because i am anonymous here though.

    • CheapCoffee on 16/02/2016 - 19:40

      haha I think he is actually watching this thread…

  • Randxyz123 on 16/02/2016 - 00:17
    +1

    Just message the friend and say that "I don't appreciate the references to my personal life and I'd appreciate it if you could change the name". If he's a decent bloke he'll do just that. If he isn't then you won't and you'll just have to get over it.

    Is it worth suing ? No.

    The other side can ask you to prove it is you that those things are linked to.

    I'm gonna assume you did some of those things and you don't want them revealed.

    I'd go with option

    D) Remove your associations with this person and get over it.

  • [Deactivated] on 16/02/2016 - 01:16
    +2

    Get over it… Do a web search on your full name - you will be surprised that you ain't the only person in the world with that name!

  • 2Poor4Ozb on 16/02/2016 - 04:08

    Call Judge Judy!!

  • supnigs super skids on 16/02/2016 - 08:39
    +3

    Does the cartoon pic in the game actually look like you?

    i want to sue the people that made the new peanuts movie because my heart broke when I saw Snoopy!

    You see my dog was dog' napped in October, and he looked just like Snoopy when he was a puppy.

    I feel sad whenever I receive a certain happy meal toy or see snoopy dance.. I don't care much for Charlie Brown though.. He's a **NT……

    • Adz81 on 16/02/2016 - 09:21
      +2

      "…I don't care much for Charlie Brown though.. He's a **NT……"

      Possibly the best sentence I will read today.

      • Japius on 16/02/2016 - 09:41
        +1

        about time it was said

  • Adz81 on 16/02/2016 - 09:20

    NM Just noticed it in precious comments.

  • nikhi24 on 16/02/2016 - 09:22

    I'd message him and ask for him to please change the name of the character. As someone else kind off said it wouldn't take much for someone to message or email him a link to this discussion or for him to even googlesearch his own game. To be honest you should have done that already considering he's a "Facebook friend". Nothing wrong with being upfront. It's weird he used peoples full names in game though, I imagine your not the only one feeling weird about that

    • hitmonchan on 16/02/2016 - 09:43

      yeah. I've been forced to buy the game to see if there are any other references to me so I can screenshot them.

      Other people seem to have been named but they are all sorts of scenarios and I don't know if he is having a go. I will find more and speak to one or two of them soon. By the nature of the questions, I do not think they gave permission (more like i'm sure he did not ask.)

  • [Deactivated] on 16/02/2016 - 10:23

    Maybe it was just coincidence…

  • [Deactivated] on 16/02/2016 - 10:25

    Are you a manager?

    • hitmonchan on 16/02/2016 - 10:36

      yes…

      • tomclancy on 16/02/2016 - 10:50
        +4

        Did you siphon money or do something dodgy at a previous employment?

        • hitmonchan on 16/02/2016 - 11:16
          +1

          No! And that is the problem, if you knew who I was and that the game was talking about me. You start to wonder whether i did something dodgy.

        • tomclancy on 16/02/2016 - 11:45
          +1

          @hitmonchan: I don't need to know you or ever play the game to start wondering whether you did something dodgy. Frankly OP I actually think you did do something dodgy at your previous employment. I don't have any basis for that, all I can go off is this thread and nothing else. And purely based on this thread alone (i.e. the thread that you started) I am almost convinced you did something dodgy with a previous employer.

          OP, previous comments have already made mention, and I'm not sure you're 100% understanding, that this post is far more damaging to your 'reputation' than a silly game that no-one in the history of ever will download.

          Think about this practically, if a rumor was spread about you engaging in a possibly dodgy behaviour at a previous employment I can guarantee that people talking behind your back / over coffees / to friends at drinks etc will be far more damaging to your reputation than your name being the same as a character in a game. You are unnecessarily worrying about the small fish. Don't lose any sleep over this game. Facebook unfriend your friend, get on with your life.

        • hitmonchan on 16/02/2016 - 11:54

          @PBG:

          I don't have any basis for that

          That is enough basis to dismiss everything you say.

          than a silly game that no-one in the history of ever will download

          https://play.google.com/store/apps/category/GAME/collection/… - it is ranked 64 now. He has posted on FB ranks of top 20. Anyway I don't care about random people downloading it. Let's say my name is Thompson Wyatt. I don't care about 1 or 1 million people that don't know who Thompson Wyatt is. I care about 1-200 people that know that Thompson Wyatt is me. And some of those people have downloaded it which is a few more than "no one in the history of ever".

          this post is far more damaging to your 'reputation

          No, None of you know who I am.

          if a rumor was spread about you engaging in a possibly dodgy behaviour at a previous employment I can guarantee that people talking behind your back / over coffees / to friends at drinks etc will be far more damaging to your reputation than your name being the same as a character in a game.

          Yes, I cannot stop that. I can potentially stop this and take legal action.

        • Ughhh on 16/02/2016 - 13:13

          I don't have any basis for that

          That is enough basis to dismiss everything you say.

          I was on the fence before, but now from PBGs comment, I'm now convinced you're dodgy Op :/

          The game was probably ranked in the high hundreds, but has quickly escalated due to ops clever marketing and advertisement for the app via this forum.

        • tomclancy on 16/02/2016 - 13:27
          +1

          @hitmonchan:

          No, None of you know who I am.

          Well the developer of the game is Shane Hum. His Facebook friends list is here: https://www.facebook.com/humdog/friends. Your name is on that list. There are plenty of apk repositories on the interwebs where you can download the game for free. It's not a massive jump to pinpoint you.

        • hitmonchan on 16/02/2016 - 13:32

          @PBG:

          I'm now convinced you're dodgy Op :/

          I don't care what either of you think. You do not know me.

        • [Deactivated] on 16/02/2016 - 17:42
          -2

          @hitmonchan: wait, so by "you do not know me" are you doing like the finger waggle and neck giggle and saying "mmm, girlfriend" right after that? Like we don't know your soul or something?

          Or are you saying… in this thread about you not wanting to be made to look bad by someone else… that you've deliberately chosen to impersonate someone else who is real and findable with the information you've provided… and make them look bad?

      • [Deactivated] on 16/02/2016 - 16:13

        Does the character look like you?

  • smartazz104 on 16/02/2016 - 10:25

    OP are you aware of the Streisand effect?

  • [Deactivated] on 16/02/2016 - 10:26

    Are the other people who's names have been used as upset as you are? Maybe you should just email him and ask him to take your name out of the game.

  • Spending2Much on 16/02/2016 - 11:16

    Am I the only one that doesn't have Facebook friends who aren't actually friends….?
    Am I the only one who found the delete option or the block option on Facebook.?
    Am I the only one who doesn't have any loss of sleep over that?

  • Cyphar on 16/02/2016 - 11:48
    -1

    This isn't America. You can't sue for royalties unless your likeness is used. Even your name. You must prove that you are the only person with your name. If not, you are out of luck unless you can show that this person is making a deliberate attack on your character

    Otherwise, grow the hell up and stop trying to get money for nothing. It's pathetic.

    • hitmonchan on 16/02/2016 - 11:57
      +2

      Not trying to get money for nothing. I'm trying to preserve my reputation. You'd know that if you read properly. People not reading before judging are pathetic.

      • Cyphar on 16/02/2016 - 12:41

        What I'm reading here is that your name is used in a game with no proof that it is you.

        You have not asked your "friend" to remove your name (Polite)

        Your eagerness to find resolution indicates that you have told your friend in the past of something you did illegally and now it's being made public (Karma)

        It's just a game. I share the same name as an evil character in an Xbox game. People don't think I kill people on my day off (yet). Chances are nobody you know will play this game.

        Are you seeking monetory damages or just to have your name removed? If it's the former, it isn't going to happen. If it's the latter and he is not responding to your request, engage a lawyer to handle the issue further.

        • rambao9 on 16/02/2016 - 12:46
          +1

          Everyone's saying he did something "bad" in the past, but it might've just been an accusation that blew out of proportion.

          So much assumptions people!

          interesting, this thread is.

  • ant meal on 16/02/2016 - 14:01

    I dare say that if you "Googled" your real name you would find others with the same name as you. Don't be so paranoid; it's not going to kill you.

    • hitmonchan on 16/02/2016 - 14:07
      -5

      i dare say your point is stupid because it means that anybody with a common name cannot be defamed.

      Don't be so stupid; it could kill you.

      • tomclancy on 16/02/2016 - 14:33
        +3

        Getting narky isn't going to win you any friends here. Not that you need more friends because the ones you have are so nice to you.

  • That Guy on 16/02/2016 - 14:45
    +1

    Logical first step is to kindly ask the guy to change the characters name.
    If he does not, engage a lawyer. You may get your name removed; I doubt very much that you will get the game removed and/or any monetary compensation for your hurt feelings.

  • netsurfer on 16/02/2016 - 15:46
    +3

    Best to ask if he can remove/change the name in the next update of the game. If your friend refused, the next step is talk to someone from legal aid and ask for advice. The person from legal aid can assist you with a letter of demand if needed.

    The extreme case is to go to small claim tribunal. However, before you do that, you need to show that you have tried your best to resolve the issue before hand. Otherwise, the tribunal will feel that you are wasting public resources.

    Be careful with what you write, state only facts, and do not get emotional. Everything written by you could be used against you. It's best to call/talk to your friend first. Just ask why your name is being used in the game and whether he/she can remove it.

  • pointless martyr on 16/02/2016 - 15:56
    +1

    My first name was used in a movie once, and the character was really dumb.

    Now that i have read this thread, im inspired to sue.

    Can't remember the name of the film, so im just going to sue hollywood, or maybe even the whole USA….havent decided yet

    Will let you know how it works out, from the caribbean, on my yacht, that i bought with my millions of dollars form the settlement

  • xuqi on 16/02/2016 - 16:08
    -1

    Did a Google search for 'Chris Foo Australia', and received 923000 hits in .45s

    Good-luck suing anyone using this name in a fictional manner.

    All someone has to do is place a disclaimer in the game stating that; "All scenarios are fictional. Any resemblance, likeness or similarities to real life person/s is unintended and coincidental', and they're in the clear.

  • saine on 16/02/2016 - 17:16
    +1

    Defamation has to be a) untrue, b) harm c) cause harm.

    Sometimes taking it to court is more harmful than not, because it can be an argument about a, which only increases the damage.

  • JepunK on 16/02/2016 - 18:05
    +13

    This is Bill

    Bill is on the Internet

    Bill like to find bargains. Bill does not ask random legal questions on Ozbargain

    Bill is smart

    Be like Bill

    • hitmonchan on 16/02/2016 - 19:16
      -6

      my name is not bill.

  • Friendly Troll on 16/02/2016 - 18:19

    Can you demonstrate and provide evidence that your reputation has been damaged? Did you get fired from your job? Have people been harassing you constantly?

    If no, I don't think you have a strong defamation case.

  • Moderatorhamza23 on 16/02/2016 - 19:41

    It seems that this thread has run its course, comments are closed.

    Thanks

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