New Blog – Social Media, Esq.

October 20, 2010

Check Out the New Site:

Or, in the style I prefer:

Social Media, Esq.™


St. Louis Cardinal’s Manager, Tony La Russa, Sues Twitter

June 5, 2009

We have several new articles in the works but I wanted to get this interesting tidbit up sooner rather than later.  I recently stumbled across posts by AmLaw Daily and the Courthouse News Service describing a recent lawsuit filed by Tony La Russa, manager of the St. Louis Cardinals.  The suit names John Doe defendants (of course) but includes the much-hyped Twitter, Inc.  Tony asserts various claims arising from an imposter “Tony La Russa” account on Twitter.  The claims against Twitter are based on Twitter allowing an impersonator to use Tony La Russa’s name without the La Russa’s permission.

For you legal junkies, the causes of action include: (1) Trademark Infringement; (2) False Designation of Origin; (3) Trademark Dilution; (4) Cybersquatting; (5) Misappropriation of Name; (6) Misappropriation of Likeness; (7) Invasion of Privacy; and (8) Intentional Misrepresentation.

For you IP litigation junkies, the trademark theories are based on the purported common law trademark of La Russa’s name (I was glad it wasn’t a statutory action — trademarking your name seems slightly narcissistic).  I wonder if they will argue knowing or intentional infringement or dilution.  Has anyone seen the Tony La Russa (TM) or Tony La Russa™ marks used in commerce?

Anyway, I’m not particularly impressed with the theories, particularly the theories brought against Twitter, especially when a simple take-down notice would have certainly sufficed.  But hey, I guess this a much more public way of doing things and we are in a recession after all, so maybe the lawsuit makes sense to La Russa (and his lawyers who most assuredly are not handling this case on a contingency fee).  Good luck proving damages guys.

A copy of the Complaint can be accessed at the Courthouse News Service.  You can follow me on Twitter at

The Social Media Lawyer – Why?

May 7, 2009

By combining significant amounts of formal training and real world experience in legal practice, journalism, and computer science, I am creating this site with the stated goal of establishing a resource for lawyers and attorneys, journalists, creative thinkers, and entrepreneurs (and other professionals) to gain larger audiences and wider distribution for their knowledge and suggestions, whether it is via Twitter, Facebook, LinkedIn, or other social media outlets.  It is high time that the valuable information and ideas we individually possess get shared with those who may benefit from them.

Whether you are using social media for personal reasons, professional purposes, or both, this is your place for information, ideas, and suggestions.  Your information at the world’s fingertips.

While “crowdsourcing” is an over-hyped buzzword in my opinion, there is significant value in drawing upon the thoughts and opinions of various individuals and experts in their respective fields and areas of talent.  Please do not hesitate to contact me to discuss ways that we can collaborate, work together, and partner up to make the experience for all users better and more inclusive.

We believe that the Web is only as good as the people who contribute to it.  At some point, we hope to be considered as one of the positive contributors to what is happening in the legal world and beyond.

–Tyson: lawyer, journalist, writer, computer geek, and a whole lot more.

#1 on Martindale-Hubbell Lawyer Directory

April 13, 2009

Okay, granted, I have not even achieved the highly sought after “AV”, “BV”, or “CV” rankings that Martindale-Hubbell likes to dish out to attorneys, but this is still pretty cool:

Number one in Utah; number 12 in the entire U.S.A. My ranking on Martindale Hubbell is based on the number of searches and the number of visitors to my Martindale-Hubbell link and page. By referring to my link on Twitter, Facebook, blogs, and various other social media outlets, I have achieved a traffic level that ranks me extremely high. So, as I go to bed tonight, I can honestly say that I really am the “#1 attorney in Salt Lake / Utah” (at least based on a semi-independent measuring stick). Way to go me! Just another example of how social media can create name or brand recognition and help you to publicize yourself and your knowledge.

Now I’m gunning for #1 nationwide. You can help by visiting: