Tony La Russa suing Twitter for trademark infringement
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:
- La Russa vs. Twitter, INC. on the Citizen Media Law Project.
- Gateway to the suit (type in CGC09488101).
- The brief coverage in the San Francisco Chronicle.
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Derrick Goold said he was going to Mizzou for capital-J journalism, but after growing up in the Time Zone Baseball Forgot he was really drawn to MU sitting between two major-league cities. Goold joined the Post-Dispatch in 2001 after working for The Times-Picayune and Rocky Mountain News, covering sports from LSU to NHL and every level of baseball in between. 
Go Tony!
I so want to facepalm this…
but I just cant.
I’m gonna get those bastards, you guys wait and see! rofl
/HUMOR ON:
Next: TLR sues pd for the fake post in the comments section of story about suing twitter.
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.
HEY! That’s not funny commentor #3! You’ll be next on my list!!
It’s a parody. Move along.
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.
this is the greatest news story I have ever heard in my life.
Way to go Tony! I think Twitter is so stupid! Don’t take this sitting down!!
no money is involved, but this is the definition of “identity theft”…
Who’s to say that someone cant create a ‘fake’ profile themself and then go sue Twitter?
Tony Larussa is a piece of work. Least we forget Tony DWI Larussa? This guys image is already in the sewer.
Maybe you forgot already that he is a slimeball drunk driver, but I didnt.
This is ridiculous! The Cardinals don’t need this kind of distraction going on right now. TLR should relax. Does this really require a lawsuit? Couldn’t he just come out to the media, say this guy isn’t him, and that be the end of it?
I have a plan that makes sense to no one but me
On the main page lead-in to this story… shouldn’t it say ‘cites’ instead of ’sites’? (”He sites trademark infringement”)
Mr LaRussa and his attorney’s clearly have no clue. Twitter is not to blame here and any one who claims otherwise in this case does not understand the law, terms of service or social networking sites. He can certainly go after the person who created the account as it is not hard to find such people. But good luck with successfully suing them. Also note there are other people named Tony LaRussa in the world. Many “celebs” have simply asked Twitter (not sued) to take their username back from impersonators and they comply all the time. Ignorance on the part of Mr Larussa and his people seem to be the real issue here.
Like he doesn’t get second-guessed enough as it is.
I hope they pay out the ass for this one. Fake ID on these sights need to stop and now….
Personally, I think he is suing them for using the name twitter because he is a twit!
I think the real question is what the hell is cyber squatting?
Go Tony. I despite twitter and all who use it to tell people what time they woke up and what they’re eating for breakfast.
Cyber Squatting (as I understand it) is regestering a domain name (I guess now myspace, twitter, ect…) thats untaken in the hopes of selling it back to whomever.
like say 20 years ago you registered http://www.nike.com with the hopes of selling it to them for millions.
at least I think
http://en.wikipedia.org/wiki/Cybersquatting
Twitter will shut those account down right off if the ‘real’ person complains or is verified not to have a Twitter account. I’ve seen it happen enough times to know.
I realize the poster was inflammatory, but suing Twitter over it is a little over the top, in my humble opinion.
Your link to “the suit as filed” is broken……
Really TOny you have nothing more to worry about? What about the emotional distress you cause the millions of Cardinal fans when you put Chris Duncan in the lineup?
“Love” is a strong and wrong word. Intrigued, perhaps. It’s a tool. It’s become a worthwhile tool for passing along news and expanding coverage. That’s the world, man, but “love” is too strong. I “love” popcorn.
Cardsfan68 -
Apparently not, because La Russa asked the site to take it down and they never did. According to Tony at least.
Honestly, now that it’s down, I bet he won’t even go forward with this. Unfortunately, sometimes you have to threaten somebody with a lawsuit when polite requests go ignored. That appears to be the case here, and it seems to have worked.
I don’t see anything wrong with this, I think he did the right thing.
I heard they have Twitter on computers now.
In StL in the 1930s it was illegal to Twitter in public.
I am so mad I might tweet someone.
I think Mike macny needs to be looked at as the hateful little twit!
Seems like he,s got some axe to grind and he,s too cowardly to do it out in the open.
Does the Lanham Act cover Twitter’s butt when they knowingly keep false content on their website? Even after TLR requested it be removed? I think that was the issue. If they would have closed the account upon his request the suit wouldn’t be necessary. The lawsuit “woke them up”.
How about all of we non millionaire sports people who can’t afford fancy things like Twitter. How about coming down to our level.
The same thing happened to Keith Olbermann a few months ago. Twitter refused to take it down.
If LaRussa’s against it, then I’m for it!
http://twitter.com/frankevans
Twitter is for losers. People like DG and BM are complete dorks. Stop it and stop it now !
I thought cyber-squatting involved a small room with a hole in the seat, and a laptop signed in to sears.com
i lol’ed so hard @ Tony LaRussa’s comment on 1:57 pm June 3rd, 2009
I would think Tony would love Twitter… It’s like IM on steroids!
Oops.
To be truthfully honest, I hadn’t even heard about Tony LaRussa’s purported twitter account UNTIL it was made apparent today. I’d like to sue an individual for causing UNTOLD damage to me and my livelihood, but I don’t see Tony hurting in that way. If I had a dollar bill for every individual who tried to put his or her name with my work online, or for every hacker who attempted to put a virus on my pc, I’d be a wealthy, wealthy woman. LaRussa: I’m sorry your feelings are hurt. Most intelligent-thinking people on twitter, I’m certain, knew it was an impersonator. Just my two cents worth… Peace XOXOXO
LPD .. totally agree with you. I wrote about this some time ago after getting tired of waiting so long for the page to open up. Mr Goold misunderstood me and thought I was having trouble with Twitter. Ha! I have to have dial-up where I live and just thought that was the reason. I hate those twitter feeds on the Cardinals page and can’t see how they contribute anything. I have scrolled through them and have never read anything worthwhile on them. A link for those who need Twitter that bad seems to be a good way of satisfying everyone. I mean, this isn’t a Twitter site.
Mr. Goold … Love is a strong word, but intriguing is too weak. Obssesed is more like it or else you would consider making it compatible for everyone.
As for Tony, I can’t imagine something so silly causing him any emotional distress. Not from a guy who could cut off all contact with his first daughters at the ages of 4 and 5 after a divorce and never make contact or acknowledge them again. Imagine their emotional distress.
*yawn* Twitter blows. Go Tony!
I’m just stunned that Tony would claim there is falsity on my interwebs.
Go Tony! I hope you could make those men feel sorry for doing that.
Watch House