Rights To Name, Likeness, Stories etc in Scholarship/Foundation

milehighmilehigh Registered User regular
Ok....I keep coming back here, this thread is a follow up to this thread:

http://forums.penny-arcade.com/discussion/178106/so-follow-up-on-ex-gf-issues-and-being-harrassed#latest

So, my ex, who's bordered on stalking, has just sent me an email saying she intends to setup a scholarship in my deceased stepfathers name (as well as the name of the child she claimed she miscarried who I supposedly fathered despite it being physically impossible, see earlier threads for details...)

Anyways, she says she's planning on using stories/materials/pictures she got from him (I recently received a letter she claimed was hand written by him and was to be given to me, but after comparing handwriting was undoubtably forged, additionally it painted her as an angelic figure who I'd be lost without....shit has gotten out of control).

I'd initially committed to abstaining from all contact of ALL forms, however this revelation has greatly upset both me, and even moreso my mother. My Mom knows this is all lies, and the fact that it's come this far is incredibly insulting and disrespectful to our entire family. All this is more troubling because she doesn't have many stories/materials from my stepdad, so I don't trust anything she published would actually be valid.

All that said my family is wondering what methods we may have to stop this from occurring since she was in no way related to this man, and there's no evidence that a miscarriage or pregnancy ever occurred. I know this isn't a legal advice thread, but any thoughts on how to proceed (along with what type of lawyer I actually WOULD consult), would be greatly appreciated. Thank you so much for any help, this has stressed me out to such a degree it's ridiculous (We've been apar for almost exactly one year now...Anyways thanks again!

Posts

  • bowenbowen How you doin'? Registered User regular
    You should get in touch with a lawyer, as soon as you physically can.

    As well as whoever is in charge of his estate. Those are the people who can determine the answers and file restraining orders and all those other happy little legal things that make crazy people go away.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
    NobodyGonmunEsseea5ehrenAngelHedgieSkeith
  • kaliyamakaliyama Left to find less-moderated fora Registered User regular
    I would just ignore her. She's trying to get your attention more than anything else. Establishing a "scholarship" can mean anything from a multi-million dollar endowment to a $10,000 lump sum spent down in $1k increments every year.

    If you want to send a cease and desist letter or something, you'd want to talk to a lawyer who knew something of rights to publicity and identity. I would start with a probate lawyer and get a referral from there. If you are in NY or CA it would be easy to identify a lawyer with entertainment clients who would know these issues best. A protracted legal proceeding is a great way for her to get your attention and keep it.

    fwKS7.png?1
  • ceresceres When the last moon is cast over the last star of morning And the future has past without even a last desperate warningRegistered User, Moderator mod
    I have no idea what kind of lawyer, but definitely do it because goddamn.

    And it seems like all is dying, and would leave the world to mourn
    bowenGonmunEsseeAngelHedgieJurgLostNinjaSkeith
  • GonmunGonmun He keeps kickin' me in the dickRegistered User regular
    ceres wrote: »
    I have no idea what kind of lawyer, but definitely do it because goddamn.

    If there was a way I could triple-agree both this and Bowen's post I would. Lawyer, ASAP for a cease and desist. In all actuality it could even be argued that if she did in fact try something like that it could be a form of fraud. But IANAL so go out and get one. And when you do, make sure to have ANY documentation with you from her with regards to this.

    desc wrote: »
    ~ * swole patrol flying roundhouse kick top performer recognition: April 2014 * ~
    If you have a sec, check out my podcast: War and Beast Twitter Facebook
    bowen
  • milehighmilehigh Registered User regular
    Good deal, my Mom contacted her estate attorney who has referred her to a criminal attorney and we're going to get a cease and desist letter. I'm going to ignore her until then, despite my desire to tell her how I feel, since that won't do any good. I'll keep the thread updated, if anyone has any further words of wisdom (for the situation or just for staying sane) they definitely are welcome.

    ceresEsseebowenSkeith
  • bowenbowen How you doin'? Registered User regular
    Yeah definitely don't talk to her. Good luck.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
    NobodyAiouaEsseeLostNinja
  • CambiataCambiata Commander Shepard The likes of which even GAWD has never seenRegistered User regular
    Hopefully a lawer will help, but keep in mind what this person is ever more desperately trying to get from you is your reaction.

    bowen
  • DarkPrimusDarkPrimus premium Registered User regular
    Cambiata wrote: »
    Hopefully a lawer will help, but keep in mind what this person is ever more desperately trying to get from you is your reaction.

    That's why it's important that the first response come from a lawyer.

    dt3GeqU.png
    Gamertag: PrimusD | Rock Band DLC | GW:OttW - arrcd | WLD - Thortar
  • CambiataCambiata Commander Shepard The likes of which even GAWD has never seenRegistered User regular
    DarkPrimus wrote: »
    Cambiata wrote: »
    Hopefully a lawer will help, but keep in mind what this person is ever more desperately trying to get from you is your reaction.

    That's why it's important that the first response come from a lawyer.

    Unfortunately, hearing from your lawer is still a reaction.

    The Gift of Fear is a great book to read for how to deal with stalkers. (and it's a fairly short book, too)

  • ceresceres When the last moon is cast over the last star of morning And the future has past without even a last desperate warningRegistered User, Moderator mod
    The thing is that it is also absolutely the best advice to be given here, and it should not be discouraged as the repercussions of not consulting a lawyer could be further reaching than any of us non-lawyers can know. Discouraging the consultation of a lawyer when legal matters are involved counts, to me, as infractably bad advice. So let's not even pretend that he should not seek that counsel and then take whatever advice is offered, even if that advice is a formal response.

    And on the plus side of a formal response, it continues the paper trail you have started.

    And it seems like all is dying, and would leave the world to mourn
  • CambiataCambiata Commander Shepard The likes of which even GAWD has never seenRegistered User regular
    Sorry I wasn't clear, I absolutely agree with the advice to consult a lawyer.

  • Dark_StangDark_Stang Registered User new member
    It doesn't take hardly anything to get a restraining order. Get one.

Sign In or Register to comment.