James Dean Rumbles With Twitter Over Alleged Trademark Infringement

A complaint, originally filed in an Indiana state court, was moved to federal court last week alleging that Twitter’s failure to terminate the @JamesDean handle and site violates various laws including, among other laws, right of publicity, trademark infringement and false endorsement under the Lanham Act.

Indiana, which is home to one of the most expansive right of publicity laws, is also home to CMG Worldwide, which manages the commercial estates and licensing rights of many deceased celebrities, including James Dean.  The complaint was brought by James Dean, Inc. against both Twitter and certain John Doe defendants who are the currently unidentified owners of the James Dean Twitter site.  According to the complaint, “On numerous occasions since October 11, 2012, CMG, by and on behalf of its client, JDI, has contacted TI [Twitter, Inc.] in an attempt to have the Unauthorized Use’…’ceased.” 

The complaint notes that JDI holds federally registered trademarks to the James Dean name and that both Twitter’s and Does’ conduct “is likely to cause confusion, to cause mistake, or to deceive as to source, sponsorship, connection, association or affiliation between CMG, JDI, and TI and Does.”  The JDI complaint also asserts both Indiana state statutory and common law right of publicity violations.  Among other remedies, the complaint seeks an injunction requiring Twitter to turn over the names of the site’s owners, which Twitter has so far refused to do.  Interestingly, in correspondence attached to the complaint, CMG in early correspondence with Twitter asserts that the @JamesDean site is in violation of Twitter’s own trademark policy and guidelines for “Fan Accounts,” writing “First, you state that ‘the username should not be the trademarked name of the subject of the news feed, commentary, or fan account. Here, the subject of the Twitter feed is James Dean, and the username @JamesDean consists solely of the trademarked name.  Second, you state that ‘[t]he profile name should not be the trademarked name of the company or include the trademarked name in a misleading manner.  The profile name for the account in question is listed as ‘James Dean.”  “Your third guideline states, “The bio should include a statement to distinguish it from the real company, such as ‘Unofficial Account,’ ‘Fan Account’ or ‘Not affiliated with…”.  The @JamesDean account’s bio contains none of these distinguishing statements.” 

A piece in the Hollywood Reporter notes, “Over the years there have been many disputes over Twitter handles, but not quite like this one.  The social media site has an “impersonation policy” that forbids accounts portraying another person in a confusing or deceptive manner as well as a trademark policy,” but apparently the service has drawn a line in the sand when it comes to dead celebrities.”