Diane Crump v. D. J. Forbes, 52 Va. Cir. 52

Summary

Plaintiff businesswoman filed a motion for judgment against defendant internet site designer after defendant allegedly used plaintiff's name without permission in an internet address for defendant's competing business. Defendant agreed to design and maintain plaintiff's equine consulting and brokering business web page in return for a commission. Plaintiff's name was very important in the internet address as she was a nationally-known equestrian. Defendant established a business that directly competed with plaintiff's business. Plaintiff alleged defendant deleted the internet address with plaintiff's name and later linked it to defendant's website. Plaintiff sued under Va. Code Ann. § 8.01-40 for unauthorized use of a name in commerce. She also alleged claims for the common law right of publicity, conversion, and quasi-contract. Defendant demurred to all counts. The court overruled the demurrer to the statutory claim, as that claim had been recognized. However, the court sustained the ...