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Old 08-09-2007   #5
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Join Date: May 2007
Location: Little Rock
Posts: 94
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Default Re: Blogging:Da Good, Da Bad, and DeMeco

Originally Posted by Old School View Post
Good Read. I am curious as to how they could legally make you remove his first name. I know you don't care to go into the details nor do I want you too but to me having a blog with someones name in the title wouldn't be any different than a newspaper article with someones name in the title.

Still props to you for coming to a suitable (and peaceful) arrangement and getting some help for a local charity to boot.
They couldn't "make" me. The deal was, DeMeco's lawyer started off friendly, but asserting legal arguments that just weren't true. He would have had a point if I was making money off of the blog, but I wasn't. Once he realized that, he still didn't back off entirely (we lawyers never do), but his assertions changed more to just being receptive to some sort of agreement.

I really think he was expecting me to ask for season tickets or something like that. When I went with the charity thing, I don't think DeMeco felt like he should trade charity for his own personal goals. The disclaimer thing was just my compromise.

But, you are right. Merely using someone's first name is not legally actionable in the least (assuming, of course, you don't cross some sort of line into defamation). With a very recognizable first name (DeMeco, Elvis, etc.), making money off of that without their consent would be illegal, but I wasn't. Because he's a celebrity, without showing monetary gain on my part (or monetary loss on his part), there wasn't anything they could do.
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