(This is a fictional fact pattern.) Lisa Bonet is an actress who used to play on the Cosby Show, a hit series back in the 80's. Her role on the show was of the smart, but somewhat spoiled daughter who came back and lived with her parents after marrying a soldier with a young daughter. Later, she was invited back for a Cosby Reunion, but declined due to feeling the reunion was more about Corporate profits than about true love for the show.
During the "reunion," her part is played by a different actress, who goes on to win an award for "Best Fill in Actress" at a Screen Actors Guild award presentation. This new actress had changed her name to Lisa Bonnett, although her prior legal name was Lisette Bailey. Later, it is discovered that the "new" Lisa Bonnett had committed a violent murder in the 1980's and is ultimately arrested for it, convicted and jailed. A newspaper reports: "Lisa Bonnett, a/k/a Denise Huckstable convicted of murder! Life in Prison!" Immediately the "real" Lisa Bonet is on the blacklist in the movie industry.
She sues the newspaper and the "fake" Lisa Bonnett. What would she sue them for and would she win
Identity use: She sues the newspaper and the "fake" Lisa Bonnett. What would she sue them for and would she win?
As in the example you had listed, it would be obviously that Lisa Bonnet would sue the newspaper for defamation of character. Defamation is the issuance of a false statement about another person, which causes that person to suffer harm. As in this case, it would be for libel, a defamatory written statement. However, in my opinion, Lisa Bonnet would not win the case in court. It would be the victim's burden to prove ALL of the elements:
1. A false and defamatory statement concerning another;
2. The unprivileged ...
A scenario of identity use for a fictional fact pattern is determined.