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06.03.2009 12:52 pm

Tony La Russa suing Twitter for trademark infringement

St. Louis Post-Dispatch
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TOWER GROVE — Apparently, the Tweets stop with Tony. St. Louis Cardinals manager Tony La Russa is suing the micro-blogging and social networking site Twitter, Inc., over what the skipper and his attorney describe as trademark infringement, cybersquatting and misappropriation of likeness and name.

The suit, filed in San Francisco about a month ago, concerns the Twitter name page for Tony La Russa (or www.twitter.com/tonylarussa) and the manager’s claim that it was an unofficial and unauthorized use of his name. The fake page allegedly had La Russa’s picture and some vulgar updates, a few of which were Cardinals-related. The suit contains several examples of off-color statements made on the page, two of which make references, directly or indirectly, to the two active Cardinals’ pitchers who died during recent regular seasons, Darryl Kile and Josh Hancock.

La Russa sought out ways to remove the address, even asking reporters for information on how to contact Twitter, Inc., and stop the feed of micro-blogs attached to his name, according to the suit.

In the suit his attorney claims that such attempts were fruitless. Only after filing the suit did the address come down on Twitter.com, according to the suit.

The “complaint for damages” reads:

As a direct and proximate result of Defendant’s actions as stated herein, Plaintiff (La Russa) has suffered significant emotional distress, damage to his reputation, and damage to the goodwill of his mark.

Post-Dispatch columnist and unstoppable Mr. Scoop Bernie Miklasz, whose radio show is streaming live now at 101ESPN.com, mentioned the suit and helped steer me in the direction of the actual complaint. Miklasz is a Twitter user (@miklasz), as am I (@dgoold). The micro-blogging tool has caught on as a way to deliver news, keep up with coworkers and friends and follow news feeds from the world over. It was via Twitter on Tuesday night that we learned not only that St. Louis Rams running back Stephen Jackson was at the game, but that he met Warren Buffett while there. Jackson is one of a growing throng of professional athletes using Twitter. That group includes the King of Twitter, Shaquille O’Neal, and ballplayers like Nick Swisher, Barry Zito and CC Sabathia.

Heck, even La Russa’s film buddy Kevin Pollak is Twitter happy, promoting his Chat Show on it.

But there are problems. Giants closer Brian Wilson stopped using Twitter when he blew a save and people cited his actions via Twitter as a reason for his struggles. Impersonations also can be rampant on the site, and the users’ agreement discusses the penalties for impersonation. That is La Russa’s complaint: That someone has taken his image, his name and misrepresented his thoughts — and thus jeopardized the other online entities that carry his name. Almost all of those funnel people to La Russa’s ARF charity.

More on the suit can be found here:

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44 comments

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Go Tony!

— Troy
1:16 pm June 3rd, 2009

I so want to facepalm this…

but I just cant.

— jealousblues
1:37 pm June 3rd, 2009

I’m gonna get those bastards, you guys wait and see! rofl

— Tony LaRussa
1:57 pm June 3rd, 2009

/HUMOR ON:
Next: TLR sues pd for the fake post in the comments section of story about suing twitter. :)

— joesavesdata
2:00 pm June 3rd, 2009

DG,
I know that you’re in love with Twitter, but it is making this website very unwieldy for those Twitter feeds to be on there. And now you have doubled them, which has had the effect of freezing my computer at times. I’m no computer expert, but my husband is and he hates it when I get on here. I often have to go out and shut down everything else I have open when I’m on here. Can you just put a link to Twitter on the website, rather than running those feeds through it (which, I’ve noticed haven’t been getting updated much lately anyway)? I would hate to have to stop logging in to STLToday.

As for Tony LaRussa’s lawsuit, I hope he wins. People can’t be allowed to hijack another person’s name.

— LPD
2:09 pm June 3rd, 2009

HEY! That’s not funny commentor #3! You’ll be next on my list!!

— The REAL Tony LaRussa
2:26 pm June 3rd, 2009

It’s a parody. Move along.

— Nick
2:34 pm June 3rd, 2009

Honestly, it’s not Twitter’s fault. If you don’t believe me, Google the Lanham Act. Websites aren’t responsible for content posted by its users. It’s a precedent. Tony should go after the perpetrator. They should be able to track them down via IP addresses and whatnot. That’s the RIGHT thing to do. Suing Twitter is like suing the phone company because someone called and threatened you over the phone.

— jeff
2:38 pm June 3rd, 2009

this is the greatest news story I have ever heard in my life.

— h8zscxq
2:48 pm June 3rd, 2009

Way to go Tony! I think Twitter is so stupid! Don’t take this sitting down!!

— Kelly
2:53 pm June 3rd, 2009

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