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James Dean estate sues Twitter over ‘@JamesDean’

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The estate of legendary Indiana film star James Dean has sued Twitter, claiming the Internet giant permitted the unauthorized personal Twitter account @JamesDean.

CMG Worldwide Inc. of Carmel represents the Dean estate among numerous other intellectual properties of deceased celebrities. The company seeks an injunction and compensatory and punitive damages, as well as the identities of five people believed to have used the @JamesDean account.

The lawsuit was removed Friday from Hamilton Superior Court to the U.S. District Court for the Southern District of Indiana, where it is docketed before District Judge William T. Lawrence as James Dean Inc. et al v. Twitter, Inc., 1:14-cv-00183.

The suit claims Twitter allowed use of the @JamesDean account since at least September 2012 and that people using the account “placed objectionable content on the (Twitter) website.” It alleges that Twitter refused repeated requests from the CMG to cease unauthorized use of the trademarked James Dean name and copyrighted photos.

CMG claims trademark infringement, false endorsement, violation of Indiana’s Right of Publicity statute, unfair competition, unjust enrichment, conversion and deception.   

The complaint also includes a list of tweets from the account as shown Dec. 31, 2013, in which @JamesDean had 7,899 followers. Another exhibit shows communication between lawyers for the estate and Twitter in which Twitter “determined that (@JamesDean) is not in violation of Twitter’s Trademark Policy. The account is not being used in a way that is misleading or confusing with regard to its brand, location or business affiliation.”

Tuesday, the number of @JamesDean followers had risen to more than 8,300, where tweets about the suit dominated dozens of posts since Monday.
 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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