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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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