Wednesday, June 03, 2009

LaRussa Case Bears Watching

Tony LaRussa may set major on-line precedent with his lawsuit against Twitter to stop a parody using his name and likeness. The newspaper account and the more detailed legal paperwork reveal that LaRussa's move is to use trademark against the faux account.

Typically, Twitter has allowed parodies to stay if they were clearly marked, which this one is, but if LaRussa is successful, this could open the door for ICANN-like actions against those who may be cybersquatting on labels.

Many have believed that since Twitter was a closed system, one could not approach to have a non-approved person from a brand or trademark. The same applies at Facebook and YouTube. A loss for Twitter could open the door for many groups -- the Arkansas Razorbacks included -- to regain trademark names grabbed either for profit or fun by non-approved individuals.

LaRussa's lawyers had trouble reaching Twitter (surprise -- try to contact a human at any of these services) and filed the suit. Shortly before the case was put to docket, Twitter pulled the parody but the suit remains. It will be interesting to see if the case will be carried through for the legal precedent, or will Twitter simply become more open to DMCA-type actions.

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