Model changing contract after the fact

[BigE]

State: CA

We signed a contract with a model (witnessed by one other party). This model then modified her copy of the contract and faxed it to a third party to try and "prove" she had the rights to something she doesn't have rights to.

What law(s) has she broken (if any) and what is the legal recourse we should take?

 

[BelizeBreeze]

State: CA

We signed a contract with a model (witnessed by one other party). This model then modified her copy of the contract and faxed it to a third party to try and "prove" she had the rights to something she doesn't have rights to.

What law(s) has she broken (if any) and what is the legal recourse we should take?

What laws have been broken? How the hell should we know based on your total lack of facts.

What is the legal recourse you should take?
How about coming back here and posting the exact situation, including what she is trying to get and how she altered the contract and how it affects you?

 

[BigE]

Fair enough.

We shot a model (let's call her Mary) with our standard contract, which gives us basically total control of pictures, likeness, etc. (everything), giving her standard day rate pay.

We completely made up a name for this model (let's say 'Cindy Lewis') and started marketing her on our website, etc. We bought the domain name for this model, and are actively using this.

There's no dispute in this part.

Subsequently, she became very, very popular under this name.

Now she's trying to promote herself as this model name.

We just recently filed for a trademark for this name, and we're seeking to prevent her from calling herself or promoting herself by this name.

There is a very popular model website (let's call it KMB) where she's promoting herself as 'Cindy Lewis'. We have been in contact with KMB regarding the fact that she has no right to use this name. She modified her original contract [which was signed as 'Mary' and had NO mention of 'Cindy Lewis' because we hadn't made it up yet] to include 'Cindy Lewis' and faxed that to KMB as "proof" that she has the right to use that name.

We faxed KMB the original contract (without the reference to 'Cindy Lewis'), but wow KMB doesn't know WHO to believe.

She's misrepresented herself, and her contract and it's damaging to us.

What law(s) has she broken (if any) and what is our legal recourse?

Any help would be greatly appreciated!

 

[BelizeBreeze]

You need your own attorney to review the contract and to write a 'cease and desist' letter to the model and the company. If the company insists on continuing to use the name, then you'll have to discuss with your attorney the best way to approach a lawsuit to protect your 'property' from unauthorized usage.

The gray area is that she 'MAY' have the right to use the name since you did nothing to protect it. And that's going to be a matter of fact for a judge to determine.

 

[BigE]

You need your own attorney to review the contract and to write a 'cease and desist' letter to the model and the company. If the company insists on continuing to use the name, then you'll have to discuss with your attorney the best way to approach a lawsuit to protect your 'property' from unauthorized usage.

The gray area is that she 'MAY' have the right to use the name since you did nothing to protect it. And that's going to be a matter of fact for a judge to determine.

I'm not sure I understand why you feel we didn't "protect" the name? In what respect?

EDIT: But thank you for the advice!