Business

No way. Why should I change? [S]he's the one who sucks.

pO157.

Posted to Business on Mon Jul 09, 2007 at 05:28:15 PM EST (promoted by port1080). RSS.

K. Syvette Wimberly is angry because she starred in "Anal Camera 19." Well, technically she didn't. It turns out her name was hijacked by a former high school friend for use in the adult film industry.

K. Syvette Wimberly claims in her lawsuit that she was friends with defendant Lara Madden during the 9th grade at their high school in Texas. Their friendship allegedly ended "in conflict," and she did not hear from her again until she was told there was a woman who was going under her name in adult entertainment.

According to her attorney Ms. Wimberly regularly receives irregular inquiries about her supposed employment status from former classmates. "Really on a weekly, if not daily basis, my client has had to deal with odd phone calls, former classmates that didn't know her that well sending her e-mails about whether she's now in the adult film industry and just a general lack of safety for her," attorney Caj D. Boatwright said.

The lawsuit asks for an unspecified amount of money from Ms. Madden and her employer, Vivid Entertainment. Ms. Wimberly is also asking the court to issue and injunction to prevent Ms. Madden or Vivid from using her name in "Anal Camera 20" or any future pornographic videos.  

Bonus Appendix! What is your porn name?

Tags: edited by Port1080, written by pO157, Syvette Wimberly, K. Syvette Wimberly, pornography, porn, xxx, adult film, Vivid Entertainmnet, Vivid, Lara Madden, high school, education, Anal Camera 19, Anal Camera 20, adult entertainment, Michael Bolton, Office Space, lawsuit, law, injunction, damages, Caj D. Boatwright (all tags)

This story: 22 comments (2 from subqueue)
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7

Serious Question

pO157.

Tue Jul 10, 2007 at 06:27:43 AM EST

4.00 (funny)

If the real Ms. Wimberly gets a judgement for enough cash to take over Vivid Entertainment does that mean she gets producer credits on "Anal Camera 20?"

I think I just like saying that. Somebody stop me.

14

^ 7

Re: Serious Question

3fingerspointback.

Wed Jul 11, 2007 at 03:38:02 AM EST

4.00 (informative)

Madden's real oeuvre is actually pretty thin, for a porn actress.  But it does include such gems as Young Cheerleaders Swap N' Swallow 2 and North Pole 56.  Holy shit, 56????

(is 3fingerspointback)

18

^ 14

Re: Serious Question

thefadd.

Wed Jul 11, 2007 at 11:04:10 AM EST

none

Holy shit, 56????

Well, Peter North is pretty much the most successful porn star ever, even if Ron Jeremy is more well known. And he's canadian.

make it rain you nappy headed ho's

19

^ 14

Re: Serious Question

thefadd.

Wed Jul 11, 2007 at 11:07:22 AM EST

none

Madden's real oeuvre is actually pretty thin, for a porn actress.

I dunno, I think it's a lot more acceptable these days for young women to dabble in it. Between girls gone wild and everything, porn isn't the hidden thing it was to their mothers. So they do it for a couple years to get through college and then are still able to find other work.

make it rain you nappy headed ho's

5

Looks like an open and shut...case

3fingerspointback.

Tue Jul 10, 2007 at 02:34:56 AM EST

3.00 (astute)

I don't see much to Madden's defense.  There's not much coincidence to a name like "Syvette", especially if you went to Madden went to high school with Wimberly.  I'm surprised at the charges against are mostly softcore stuff like emotional distress, and negligence in preventing it.  Is there really no other actionable issue in what Madden did?  Doesn't Wimberly have a case for slander?  Can I start getting interviews with famous people by calling them up and telling them I'm Brit Hume?

Also, that Porn Star name generator is totally broken.  Everyone knows you get your Porn Star name from the street you grew up with, combined with the name of your first pet.  That's why I'm Thompson Clawful.  What?  Hermit crabs are cool.

(is 3fingerspointback)

8

^ 5

Re: Looks like an open and shut...case

WMK.

Tue Jul 10, 2007 at 09:47:06 AM EST

4.00 (interesting, astute)

Winston Bayberry......hmmm.

I think that name is only suited to the kind of pron I would never want to watch so I better just forget the career change.

If this is all happening in Texas then it is a toss up as to how batshit crazy the Judge and Jury will be in knee-jerking on their hatred of all things porn.  I don't see how a porn stars stage name can constitute slander (could it be satire?) so going with the distress and negligence angle seems like the best bet to me.  Clearly it is a form of malice to take someones real name and publicly associate it with anal porn and probably should be discouraged.  It will be interesting to see if the Judge can come up with a ruling that gets the job done and is reasonable and logical.  It might boil down to some sort of 'community values' argument which basically trumps reason or logic and says 'we don't take kindly to such and such around these parts'.

"...when theft and high crime becomes obscenely obvious to even the blindest beer sucking idiot, it is always the Republicans who are in office." -- Joe Bageant

11

^ 5

Re: Looks like an open and shut...case

port1080.

Tue Jul 10, 2007 at 09:49:22 PM EST

4.00 (funny)

Everyone knows you get your Porn Star name from the street you grew up with, combined with the name of your first pet.

State Road Banjo?  That's just weird.

13

^ 11

Re: Looks like an open and shut...case

oinker.

Wed Jul 11, 2007 at 01:34:42 AM EST

4.00 (funny)

Still better than Fluffy Martin Luther King Jr.?

12

^ 11

Re: Looks like an open and shut...case

thefadd.

Tue Jul 10, 2007 at 11:25:00 PM EST

none

you obviously don't stick around to watch the credits

make it rain you nappy headed ho's

15

^ 5

The Horror

Lou.

Wed Jul 11, 2007 at 06:43:11 AM EST

4.00 (funny)

Everyone knows you get your Porn Star name from the street you grew up with, combined with the name of your first pet.

That would make my name  41st Freebee.

I need a new childhood.

It's the end of the world as we know it, and I feel fine

16

^ 15

Re: The Horror

pO157.

Wed Jul 11, 2007 at 10:30:56 AM EST

none

You know that could actually work.

"Buy 40 and your 41st is a... freebie."

17

^ 16

Re: The Horror

Lou.

Wed Jul 11, 2007 at 10:53:52 AM EST

none

"Buy 40 and your 41st is a... freebie."

heh...we could even have punch cards like they do for coffee clubs.

"Alright now...was that good for you?  Great, leave the twenty on the dresser.  Oh wait!  Let me punch your card"

It's the end of the world as we know it, and I feel fine

20

^ 17

Re: The Horror

pO157.

Wed Jul 11, 2007 at 11:10:36 AM EST

4.00 (funny)

See, but then they'd need to get special hole punches for the cards so people couldn't skip off to the office supply store and punch their card 40 times and claim they bought 39 at a hooker from "that other branch across town."

I predict this is will be a boon for x-rated paper punch companies and the foundries that will have to make the tiny phallus shaped dies for the next generation of erotic hole punchers.

6

^ 5

Re: Looks like an open and shut...case

pO157.

Tue Jul 10, 2007 at 06:24:15 AM EST

none

Also, that Porn Star name generator is totally broken.  Everyone knows you get your Porn Star name from the street you grew up with, combined with the name of your first pet.  That's why I'm Thompson Clawful.  What?  Hermit crabs are cool.

Montrose Brooks. Or going by the links above... Exotica Deep (not to be confused with Roy Deep) or Sour Pickle.

1

By Any Other

thefadd.

Mon Jul 09, 2007 at 09:05:08 PM EST

none

This is pretty interesting. Normally, I'd think you can call yourself anything you want. But it looks like this time, she purposely took someone else's name. Then again, there's no evidence she was trying to pass as this person, nor is there any evidence that she was trying to smear her by using the name. Being a porn actress is certainly frowned upon in certain circles but it's by no means an illegal profession. Without malice, it's difficult to show there's been an actual injury since to say there was injury you have to say that being known as a porn actress is simply assumed to be a bad thing. You may not like it but there's nothing wrong with it.

make it rain you nappy headed ho's

22

^ 1

Re: By Any Other

Thalia.

Wed Jul 11, 2007 at 06:05:32 PM EST

5.00 (informative, informative)

It seems to me that Ms. Wimberly is squarely within the four aspects of Privacy Law.  The Restatement Second of Torts recognizes four types of invasions of privacy: intrusion, appropriation of name or likeness,unreasonable publicity and false light.

Here, we're talking about all of the above, except intrusion.  

I don't see why the courts wouldn't uphold Ms. Wimberly's claim.

Thalia

2

I gotta wonder

gerrymander.

Mon Jul 09, 2007 at 09:37:42 PM EST

none

... How bad is Ms. Wimberly's first name that going by "Syvette" if preferable to whatever comes after the K?

3

^ 2

Read the first link Gerry.

MayorBob.

Mon Jul 09, 2007 at 09:57:11 PM EST

none

Her first name is Kristen.

Illegitimi non carborundum.

4

^ 3

Re: Read the first link Gerry.

zyxwvutsr.

Mon Jul 09, 2007 at 10:18:58 PM EST

3.00 (funny)

Her first name is Kristen
I can see why she prefers "Syvette." I mean, have you ever known a "Kristen" who wasn't a raging slattern?

9

^ 4

Re: Read the first link Gerry.

gerrymander.

Tue Jul 10, 2007 at 03:44:57 PM EST

none

I definitely need to meet more Kristens.

10

^ 9

Re: Read the first link Gerry.

humorlesscretin.

Tue Jul 10, 2007 at 05:54:05 PM EST

none

Yes you do.  And bring some cheap wine, it helps.

Humorless. Cretinous. What'd you expect?

21

Re: No way. Why should I change? [S]he's the one w

pO157.

Wed Jul 11, 2007 at 12:02:24 PM EST

none

I would also like to point out that this story has more comments on it than the Ron Paul one. Perhaps he should follow Mayorbob's advice from the Interrobang sub and take up the nickname Ron "Anal Camera" Paul. Or something.

This story: 22 comments (2 from subqueue)
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