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My high elf profile pic has been stolen!!1!

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quincy

quincy

Senior Member
Without knowing for sure what you are talking about, skittlypoo, I am going to assume you are referring to a character created in an online role-playing game. You probably have no rights at all to the high elf character you created, first of all, as these rights generally rest with the producers of the game (ie. Blizzard or whatever) and, therefore, your dirty little geek friend probably has no right to use it either.

That said, if other users can connect your user name and this high elf to you personally, a defamation suit would rest on these following conditions:
1. The defamatory comments made by the dirty little geek would have to be greater than "lame and stuff" (which is clearly opinion and a defense against defamation).
2. You would have to prove that what was said by the dirty little geek was negligently published.
3. You would have to prove you suffered a reputational injury of some sort (which, if you are concerned about high elf avatars, may be a trick).
4. And you would have to prove that what the geek said about you was not true (which, I am guessing, will be the most difficult task of all).

If your role-playing game has different levels, I would leave this level behind if I were you, and move on.
 
S

seniorjudge

Senior Member
"High elfs" can no more be trademarked than unicorns, witches, Presbyterians, drunk and idiotic Congressmen (but I repeat myself), etc.

Morlocks...yeah, maybe.

High elfs...nope.
 
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