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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