Ask Slashdot: Undoing an Internet Smear Campaign?
An anonymous reader writes "My fiancee is a professional writer. She has a great industry reputation and everyone that knows her loves her. But her ex-husband has maintained a number of websites in her name (literally, the URL is her name) that are filled with insane ravings and defamatory content. Have you ever had to deal with an internet smear campaign? The results float to the top of every Google or Bing search of her name. He currently lives abroad and cannot be served with legal papers. His websites are hosted overseas as well, and do not respond to conventional letters or petitions. Because of his freedom of speech rights, few U.S. courts will assert that his websites are truly libelous, either, and it's still difficult to prove any real 'damages' are done by it. Still, we'd like to see them go away. I'm turning to the best community of geeks in the world: how do I deal with this given the limited options at my disposal?"
SEO
boom goes the dynamite....
Put up your own website... fill it with good content... get links?
Or counter-smear.
... is the legal term you're looking for.
A trademark doesn't have to be registered. If she's been writing under her own name for years, then her name is a valuable piece of intellectual property and it's entitled to exactly the same protections as the name of 'Mickey Mouse'.
Of course, that means you need to act quickly before the trademark is considered to be officially diluted or worthless.
IANAL, TINLA etc.
And obviously neither is the OP: "He currently lives abroad and cannot be served with legal papers. His websites are hosted overseas as well, and do not respond to conventional letters or petitions. Because of his freedom of speech rights, few U.S. courts will assert that his websites are truly libelous, either,
For God's sake begin by hiring someone who actually knows about this stuff instead of relying on what you learned from daytime TV.
Three Squirrels
That's what matters. Maybe she can trademark her name and seize the domain as being confusingly similar, but it's still throwing time and attention at somebody who clearly craves it, for dubious gain.
Try not. Do or do not, there is no try.
-- Dr. Spock, stardate 2822-3.
Or get her to take his name when they marry.
claim trademark to her own name
The submitter sounds like they are describing textbook cybersquatting.
So alternatively, they can try Domain Name Dispute Resolution
https://www.icann.org/en/help/dndr/udrp
Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider.
You can register [person]sucks.com and shit on them all day long, but you can't expect to register [person].com and keep it.
[Fuck Beta]
o0t!
I agree, this sounds like "I don't like what he's saying about me, and I can't do anything about it legally". The answer is man-up (or woman-up) and ignore it, or as others have said, or create a website to refute his claims, etc.
One step away from a personal army request...
Hasn't stopped the RIAA from claiming copyright on songs they don't own or represent, to include public domain works.
Your modders say "Funny". I say "Insightful".
My other account has mod points!