Its not just domain names where people seem to make a stretch with regards to trademarks. Wendy Davis wrote a piece a few hours ago on MediaPost about Twitter and James Dean.
From the article:
The licensing agency CMG Worldwide has sued Twitter for allowing a user to tweet under the name of deceased actor James Dean.
CMG alleges that Twitter — as well as the account creator — are infringing trademark in the name James Dean. The licensing company, which manages accounts of Dean, Marilyn Monroe, Babe Ruth and other celebrities, also argues that the account violates Dean’s so-called “right of publicity,” or right to control the commercial use of his name.
The Twitter stream “has resulted in and continues to result in immeasurable and irreparable damage,” CMG alleges in its complaint, which was filed late last year in state court in Indiana. On Friday, the case was transferred to federal court for the Southern District of Indiana.
CMG says in its legal papers that it unsuccessfully asked Twitter to take down the account.
The article goes on to get some ip advice from other experts in the field who feel that CMG has a long road ahead to try to gain any traction with this action. The account is obviously not causing confusion and should be protected under free speech.
Infact I know someone actually called James Dean ( i think his parents may have been
fans ??) and cannot believe that anyone can have a monopoly on “a” name . Hopefully the Court will tell CMG to get lost.