Porn star uses friends name - libel or not?

[z28dreams]

An argument I had with my roommates.

Here's the situation:

A porn star is being charged with a possible libel suit. Her old 9th grade classmate claims that the porn actress stole her name, and it has caused her invasion of privacy issues and emotional distress.

The name, for reference, is Syvette Wimberly

Link to the story here: http://www.metro.co.uk/weird/article...p;in_page_id=2

Edit: better link here:
http://www.thesmokinggun.com/archive...072alias1.html

Now, suppose this case goes to court.

Question 1: Should the porn actress be found guilty of libel against the classmate?

Question 2: Suppose the classmate further adds that the porn actress disliked and teased the classmate in the past, and believes this is an attempt to damage her name. The porn star and old classmate have not spoken since the 9th grade. The porn star denies this being true. Is this libel now?

Question 3: It turns out the porn star used the friend's middle name + last name, not her actual first name and last name. Do you consider this libel now? (answer in thread if I can't edit the poll)

Please vote.

[z28dreams]

My arguments go like this:

In any case, I would not consider this libel for a number of reasons:

1 - The porn star is using the name as a stage name. It represents a fictional character, and is not in anyway fraudulently representing the identity of the original person, other than the name itself

2 - The porn star used this name for herself, for her own career. By claiming she was trying to harm the other person's name, it would also indicate that the porn star saw her own career as insulting. (In other words "I'm going to shame you by making people think you are me")

3 - In this specific case, it was only the middle name plus last name, not the full name.

More feedback please.

[Borgland]

pics of porn star please

[Quicksilvre]

[ QUOTE ]
pics of porn star please

[/ QUOTE ]

Also, the answers are "no" and "no." A name isn't something you can take sole control over.

Given point 3, this becomes "really no." The porn star didn't even use the accuser's common name.

[z28dreams]

Quick:

Those are my thoughts.

However, in a libel case, the point is that you're trying to malciciously ruin someone's reputation .

So, the argument in court here would mostly be:
1. Is she actually trying to harm her name?
2. Is using someone's name an act of harming them?

I obviously can't speak for #1, but I think #2 is a no.

[z28dreams]

Unfortunately, most of her pics are pretty nasty. Let me do some digging.

[z28dreams]

Totally unnecessary image here:

[Quicksilvre]

Is the forum bugging out? I hope it's not just me.

[ QUOTE ]
Quick:

Those are my thoughts.

However, in a libel case, the point is that you're trying to malciciously ruin someone's reputation .

So, the argument in court here would mostly be:
1. Is she actually trying to harm her name?
2. Is using someone's name an act of harming them?

I obviously can't speak for #1, but I think #2 is a no.

[/ QUOTE ]

I don't think #1 can be proven either. In the TSG piece the porn star stated she choose the name for its distinctiveness--which it has. Also, she took the middle and last name. I would think that she would have taken the first and last names if she was looking to do harm.

[pergesu]

It'd be one thing if it was a chick banging every dude in town and then saying "just remember, my name is Syvette Wimberly." But the porn star is trying to build a brand and make money using the name. Not libel.

[bawcerelli]

quicksilvre, the forum is whack for me too.

OP, that girl looks like barf.