Tony LaRussa and Twitter, Inc. have settled the St. Louis Cardinals' Manager's lawsuit based on an imposter who created an account in LaRussa's name and sent offensive tweets (see "TUOL" post 6/4/09).
Anthony LaRussa v. Twitter, Inc. and Does 1-25 inclusive (CGC09-488101), filed in Superior Court for the City and County of San Francisco, included counts alleging trademark infringement, false designation of origin, trademark dilution, cybersquatting, misappropriation of name, misappropriation of likeness, invasion of privacy and intentional misrepresentation. In return for the 64-year-old manager dropping his suit, Twitter agreed to pay his attorneys' fees and make a donation to LaRussa's Animal Rescue Foundation.
The faux LaRussa site contained a bulleted sentence that read: "Bio Parodies Are Fun for Everyone." The parody defense, combined with the provisions of the Communications Decency Act that protect Internet Service Providers, posed an uphill challenge for LaRussa to prove his case.
No word on if the matter had proceeded to trial whether Twitter would have been limited to 140 character witnesses.