'CSI' Writer Sued For Revenge Naming Show Characters After Real People

LOS ANGELES — A couple sued a writer for the CBS show "CSI," claiming two shady characters on the show were named after them in revenge for a real estate deal gone bad.

Real estate agents Melinda and Scott Tamkin on Friday sued writer and producer Sarah Goldfinger for defamation and invasion-of-privacy. They are seeking $6 million in damages, alleging the show hurt their real estate business.

Calls to Goldfinger and CBS were not immediately returned.

The Tamkins represented the owners of a Los Angeles home that Goldfinger wanted to buy in 2005, according to the lawsuit. Goldfinger pulled out when the sale was in escrow, but there was no indication of any animosity at the time.

The "CSI: Crime Scene Investigation" show set in Las Vegas featured a real estate agent named Melinda, who dies under mysterious circumstances, and her husband Scott, a mortgage broker who watches pornography, drinks and is suspected of killing his wife, according to the suit.

The characters had the last name Tamkin in an original screenplay and Goldfinger helped cast actors who looked like the Tamkins, according to the lawsuit. The Tamkins claim the characters' last name was changed to Tucker at the last minute, which they said was evidence Goldfinger borrowed details from their lives.

Anthony Glassman, the Tamkins' attorney, said potential clients looking for their real estate company could have been deterred from contacting them because episode descriptions were online for months before the program aired.

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CBS is a division of CBS Corp.

Comments

[AustinCynic]

IANAL, but it's hard to see how this case could go very far, since a screenplay draft usually doesn't circulate very widely, and of course the vast, vast majority of the people seeing the aired episode would never have been aware of material in the original draft.

Screenwriter Christopher McQuarrie talked once about how he came up with the name Kaizer Soze for his villain in The Usual Suspects. At one of his jobs, McQuarrie met a man named Kaizer Sumay and thought it was cool. Though, in this case, Mr. Sumay declined the honor, McQuarrie thinks because when Sumay read the scene where his namesake it disturbed him a little. So name changes happen frequently.

Someone upthread mentioned legal departments checking names. I believe that is standard practice still.

[ThePhilosopher]

Was it wrong for the writer to use these people's names in the way she did? Yes. Were the people whose names were used so 'damaged' as to justify a 6 million dollar payment to them? Hell no.

The amount of money that people sue for for these types of crimes is absurd. $100,000 would have probably been too much.

[GrahamInCanada]

Ah, defamation in fiction, with a fine literary history, and certainly, actionable.

For a wonderful exploration of the legal issues, rather than lots of guesswork, I recommend a search on "defamation in fiction" or this:

http://www.firstamendmentcenter.org/speech/arts/topic.aspx?topic=libel_fiction

[PhDiva]

Once the name was changed, the defamation issue went away.

[GrahamInCanada]

Not true. The test really is whether anybody who knows the person claiming defamation would have recognized the person (or in fact did recognize the person) in the work.

I always wonder when people think the law is as mechanistic as performing the correct purification ritual to avoid liability, when liability rests on a different test entirely, is this a manifestation of magic thinking (ritual removes liability) or simply people not paying attention to the law that binds them?

My link was a learned speech, not too very long, but very complete, reviewing the law, which I'd read if I was you before I go defaming people I know and thinking that the name, rather than recognition, is the test.

[ZimboChick]

these ppl r looking for some money

this is Onion game proper

[LORISNJ]

I think it is amusing that in the story: "The Tamkins claim the characters' last name was changed to Tucker at the last minute, which they said was evidence Goldfinger borrowed details from their lives." Which parts did they borrow anyway? "......... Scott, a mortgage broker who watches pornography, drinks and is suspected of killing his wife, according to the suit."?

Now (after their suit) I would definitely not use their services!

[PhDiva]

Yes, ironic isn't it. They just want easy money and attention. This will ultimately be great for business.

[larry278]

The real estate business is very bad. You have to take the publicity where & when you can get it. When you get a listing, you have to sell it to make money.

[Cacaoatl]

Hell, I'd be honored if a TV writer named a character after me, even if it was the villain. But I have a generic name: Frank Chavez. That's the Spanish equivalent of Joe Smith.

[davidwayneosedach]

How original!

[Gemma08]

America: Land of the frivolous law suit ...

[tangelan]

If this is defamation, wouldn't suing the writer(s) just bring more attention? I've never watched a television show and googled the show's characters to see if they're based on real people. Who has that kind of time?

[Steven Weber - Huffpost Blogger]

Real estate and show business: a lethal cocktail.

[Gemma08]

btw: u rock :)

[tangelan]

Don't embarrass yourself.

[jayhawk67]

This lawsuit seems more flimsy than a Cheney denial of hypocrisy but there may be some merit. If the Defendant is shown to be spiteful bitch who has done this in the past, perhaps the Plaintiff can gain traction.
On the other hand, Jerry Seinfeld incorporated the personae of a number of real people into his sitcom and although sued more than once, ended up paying only his lawyer.

[chulanow]

Just another greedy couple ..........­....

They also seem pretty full of themselves.

[Simmadown]

It definitely seems like a frivolous lawsuit to me, but just to play devil's advocate, doesn't everyone google everyone before doing business nowadays? In other words, if you were looking for a realtor, wouldn't you google the name before hiring someone? In that respect, the names will come up and it might make you think twice. Just asking....

[ZimboChick]

ummm because anyone remembers the characters in CSI??

[wonkguy]

perhaps we do need tort reform after all