Guy Sues Twitter For Taking Away His Twitter Handle
from the good-luck-with-that dept
Leonard Barshack, who founded BigFoot, which was a (quite popular) internet forwarding mailing service in the dotcom era, has apparently sued Twitter for taking away his username, @SunValley and giving it to the Sun Valley resort. Barshack, who lives in Sun Valley, Idaho, claims that taking away his username was a violation of Twitter's policies, because he didn't really violate Sun Valley's trademark. As Eric Goldman notes, this lawsuit has little likelihood of succeeding. Twitter claimed that the combination of using the name @SunValley with a sun logo similar to Sun Valley's, was a non-parody impersonation of the trademark holder.Reading through the actual filing, Barshack, who is represented by his wife, Erin Smith, who also is a plaintiff, focuses on the fact that Sun Valley doesn't indicate on its website that its logo is covered by trademark. That's about as close to meaningless as you can imagine. Not only do you not have to show that it's a registered trademark, you don't even need to have a registered trademark (though, it helps if you're seeking damages) because common law trademarks are perfectly acceptable in most cases.
But, more to the point, Twitter has no legal obligation to let you keep your account. If it wants to take away the account and shut it down, it can. If it wants to change the name of your account, it can. I just don't see what the purpose of the lawsuit is, other than that Barshack is upset. I can understand that, and I might even agree that Twitter could and should handle disputes like this differently, but that doesn't give him any basis at all for a lawsuit. Not liking something that a company does isn't a reason to sue.
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Filed Under: leonard barshack, sun valley, trademark, twitter, twitter handle
Companies: sun valley
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A nice sentiment
You must live in a different America than I do. These days, this is the *only* reason to sue.
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And they know it
And companies know it. That's why they tow VERY close to the legal line to screw customers left and right.
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In America
Doesn't mean you will not win in court. Maybe you could get lucky and make a buck or two.
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Make it expensive to handle these disputes this way and they might do it differently.
And seriously, how many Sun Valley businesses' logos don't incorporate a sun somehow?
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Re:
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Bad Mike
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Trademarked place names
It makes no more sense than copyrighting numbers or single letters.
I live in rural Amana, Iowa. If I start a busimess, I can't call it Amana Widget Central, because The Amana Society has the word "Amana" trademarked. It was first used when their commune came to Iowa in 1856. The word itself comes from the Bible - Amana is a place in the Golan Heights in Lebanon. When the corporation was formed in 1932, it acquired all property, separate from the church.
Now that was fine as long as Amana's boundaries were coexistent with the land owned by the Society. But later on, the Post Office redistricted and gave my family's farm an address of Amana.
This has been tested in court by a business in the village of Amana. They lost.
The law needs to be loosened up. Who should be able to own a place name?
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I guess it is when your spouse is an attorney.
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Re: Bad Mike
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