"A Porn Star Stole My Name"

  1. Texas woman claims old teen pal hijacked her moniker for stage name

    JULY 3--Tara Madden is a 25-year-old porn movie actress who uses the stage name Syvette Wimberly when starring in films like "Anal Camera 19." While Madden's professional alias is catchy and distinctive, the name is identical to that of a former Texas high school pal of the X-rated performer. As a result, Kristen Syvette Wimberly, 25, has filed a lawsuit against Madden and the porn distributor Vivid Entertainment for the misappropriation of her name. In a June 26 complaint filed in Harris County District Court, Wimberly notes that she and Madden became friends after meeting at the beginning of ninth grade in Kingwood, Texas. That friendship, however, "ended due to conflict," according to the lawsuit, a copy of which you'll find below. The complaint adds that Madden married while in high school and did not graduate with Wimberly, who lost contact with her former friend. Until recently, that is, when Wimberly discovered that, "there was a woman appearing in multiple explicit pornographic videos" using her name. Wimberly soon learned, the lawsuit reports, that the porn actress who boosted her name "was her former high school friend Lara Madden." The porn star, Wimberly alleges, deliberately chose to use her name, despite realizing that it would cause "extreme embarrassment and unsubstantiated association with the pornography industry and other consequences." Wimberly claims that Madden's actions have caused her emotional distress and mental anguish, for which she is seeking monetary damages. Wimberly also wants a permanent injunction barring Madden and Vivid from continuing the use of her name.



    A copy of the lawsuit can be found here:
    http://www.thesmokinggun.com/archive/years/2007/0703072alias1.html
     
  2. Wow - thats a new one but I totally agree with her - how dare her "friend" use her name for this purpose. She must have known that it could cause some distress.
     
  3. Anal Camera 19.. :roflmfao:

    Anyways - I can understand how Tara using the Syvette's name could be damaging to Syvette in the way that people start thinking that she's the porn star.
     
  4. The lawsuit alleges that Vivid:

    • Failed to use ordinary care in ascertaining the accuracy of information given to others;
    • Failed in instituting appropriate hiring practices;
    • Failed in training its employees;
    • Failed to use ordinary care in making representations to others

    Those were filed in the lawsuit under negligence. I agree with the first and the last points. Vivid should make sure that when a starlet chooses a stage name, there won't be possible grounds for a lawsuit.

    I don't see how the hiring and training practices of Vivid have to do with anything, though.
     
  5. oh man, that's just uncool!

    i'd be pissed too....
     
  6. Would love to know how she "discovered" her name was being used though :nuts:
     
  7. ^was just thinking the same thing :roflmfao::shrugs:
     
  8. Maybe it would be ok if the two didn't know each other, but the fact that they were "friends" means it was probably just blatant name theft.

    Interestingly, I have been told that in the US you can't use a trademarked name as your own (I think Jello Biafra started this controversy). So I wonder if the same works the other way (you can't use someone's name for your business). Theoretically you shouldn't be able to trademark a common name, but I wonder how much checking they would do on a first and last name combo being trademarked. -- am trying to find info on whether you can use a trademarked name as your own or not, because I don't know for sure.
     
  9. When I first saw the thread title, I thought it was going to be about some coincidence and a crazy lady suing, but this suing is completely justified. Sounds a bit movieish too. Like when some character needs to come up with an alias really fast, and they either name some object in the room "My name is...Apple Faucet" or they name the person whose room they were in or something...
     
  10. Kind of like Mariah Carey VS. Mary Carey