ILNews

James Dean estate sues Twitter over ‘@JamesDean’

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

ADVERTISEMENT