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~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Twitter

Planning Your Digital Estate

04 Monday Mar 2019

Posted by Kenan Farrell in Estate Law, Family Law, Just for Fun, Privacy, Tech Developments

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Facebook, Google, Twitter

I’ve written previously on the importance of planning beyond one’s own death.  Simple planning now can prevent unnecessary headaches after you’ve passed. This is typically accomplished by preparing a will and/or obtaining life insurance.  But with the Internet and cloud computing increasingly dominating our daily lives, more adults are taking their lives online, often through social networking, online gaming, or blogging.  Consumers shop, pay bills, and bank online. Important accounts, documents, files and photos are now often managed exclusively online, almost always behind usernames and passwords.

Do you know what would happen to your blog if you die? What happens to the passwords and content of your multiple email accounts? Who, if anyone, would you want to control your Twitter, Facebook or World of Warcraft account?  Think about these questions now and speak to an attorney who can help you plan your digital estate.

Here are a few general guidelines:

Email Accounts
As a general rule, you own your email and electronic correspondence and you can leave this to whomever you choose in your will. However, if your family or executors don’t know your email passwords, they may have trouble retrieving it. Gmail will give access to email contents upon proof of death and proof of relationship.

Facebook and Social Networking Accounts
Facebook and other social networking accounts are slightly different than email accounts as the information on your profile isn’t as private as your emails – your profile is accessible and viewable by anyone whom you’ve granted access. Your profile also appears as a friend of countless others, and will continue to appear until the account is either closed or your friends delete you.

Facebook allows for the “memorialization” of accounts, where the accounts remain open as a tribute. There’s even a form you can use to report a user who has died. However, Facebook won’t release login information, so the account can’t be accessed, changed or updated.

Blogs and Online Content
An additional consideration for managing your digital estate arises for those of us who run blogs. Much like social networking and email accounts, online service providers such as WordPress are reluctant to release login details, even to an executor. If your blog is hosted on your own server or through a third-party hosting service, the task of accessing the site is further complicated and in some cases may be close to impossible.

If you’ve got a blog, you’ve also got intellectual property including copyright to your writings and any trademarks associated with your site. You may also have photographs, music, and other works that are published and maintained online. Copyright generally lasts for 70 years after the death of the author, so there’s a significant tail period of copyright protection that vests in your estate and, just like any other form of property, intellectual property can be bequeathed to a specific individual in your will. If the will does not specify who gets your intellectual property, the standard rules of distribution apply.

Online Worlds
Users spend a great deal time of time creating and managing identities in online worlds like World of Warcraft or Destiny.  But what will happen to these accounts upon your death?  World of Warcraft will transfer ownership of an account to an immediate family member upon proof of death, and the community has even been known to host virtual funerals.

wowdeath

As with other estate planning stories, the moral is to plan ahead.  Here are your action items for planning the disposition of your digital information upon your death:

  1. Select a “digital” executor, someone who you trust to carry out your wishes with respect to your online information
  2. Tell your executor what you want done and give him or her the information needed to carry out your wishes.
  3. Prepare a list of your email and social networking accounts along with your login data and brief details on how to access the accounts.
  4. Update your will to include specific provisions for who will take ownership of your intellectual property and any data that you leave behind.

Indiana Trademark Litigation Update – James Dean v. Twitter

10 Monday Feb 2014

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation, Social Media, Southern District of Indiana, Trademark

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Common Law Right of Publicity, Common Law Unfair Competition, Conversion, Debra McVicker Lynch, Deception, False Endorsement, Indiana Crime Victims' Act, Indiana State Statutory Right of Publicity, Litigation Update, Trademark Infringement, Twitter, Unjust Enrichment, William T. Lawrence

Screen Shot 2014-02-10 at 4.21.44 PMHere’s a potential Giant of a lawsuit.

Plaintiff, James Dean Inc., wants the @JamesDean Twitter handle. Somebody else has been using the Twitter handle since 2009 as a fan account for the Fairmount, Indiana-raised rebel movie icon. The @JamesDean account has more than 8,200 followers and has sent over 2,200 tweets. CMG Worldwide, the exclusive licensee of James Dean’s name and likeness, unable to convince Twitter to hand over the account, are now suing Twitter directly in federal court to force compliance. Twitter looks set to put up a full defense rather than subject themselves to an onslaught of username complaints.

Stay tuned for what will likely become a precedent-setting case for dead celebrity Twitter handles.

Court Case Number: 1:14-cv-00183-WTL-DML
File Date: Friday, February 07, 2014
Plaintiff: James Dean, Inc., John Doe, One, John Doe, Two, John Doe, Three, John Doe, Four
Plaintiff Counsel: Theodore J. Minch of Sovich Minch, LLP
Defendant: Twitter, Inc.
Cause: Trademark Infringement, False Endorsement, Indiana State Statutory Right of Publicity, Common Law Right of Publicity, Common Law Unfair Competition, Unjust Enrichment, Conversion, Deception, Indiana Crime Victims’ Act
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Debra McVicker Lynch

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Stories from the Week that Was – 6/10/12-6/16/12

17 Sunday Jun 2012

Posted by Kenan Farrell in Federal Initiatives, Indiana, Litigation, Patent, Social Media, Stories from the Week that Was, Tech Developments, Trademark

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BitTorrent, Comcast, Drones, Keyword Advertising, NLRB, Philadelphia, Twitter

I spent this week in Philadelphia, the City of Brotherly Love. It was my first visit and I have to say the place is top-rate. Some of the best museums you can imagine and the C-SPAN junkie in me was absolutely thrilled to walk inside Congress Hall, location of the first U.S. House and Senate from 1790-1800. But just because I’m out sightseeing doesn’t mean the news stops. Here are the top stories I followed this week:

Indiana finally has its own keyword advertising case

$176 million unmanned drone crashes in Maryland

Twitter Takes a New Approach to Avoid Patent Litigation

The NLRB’s Dos And Don’ts For Employer Social Media Policies

US elections 2012: top 50 Twitter accounts to follow

Downloaders take heed, Indiana’s first BitTorrent download case – CP Productions v. John Doe

These 6 Corporations Control 90% Of The Media In America

Comcast: Don’t “Shake Down” Our Customers

Got another big story from this week that I missed? Leave a comment below.

“He snatched the lightning from the sky and the sceptre from tyrants” – Anne-Robert-Jacques Turgot, speaking of Benjamin Franklin

Stories from the Week that Was – 6/3/12-6/9/12

10 Sunday Jun 2012

Posted by Kenan Farrell in Social Media, Stories from the Week that Was, Tech Developments, Trademark

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Purdue, Twitter

New reasons to protect trademarks through registration

Tech-Savvy Seniors: Half of U.S. Adults Over 65 Are Online

Purdue Professor Claims Free Speech Rights Violated Over Facebook Post

Crypto breakthrough shows Flame was designed by world-class scientists

Got another big story from this week that should make the list? Leave a comment below.

“I am sorry to say that there is too much point to the wisecrack that life is extinct on other planets because their scientists were more advanced than ours.” -John F. Kennedy

Twitter’s first commercial:

 

Stories from the Week that Was – 5/20/12-5/26/12

27 Sunday May 2012

Posted by Kenan Farrell in Social Media, Stories from the Week that Was, Tech Developments

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BitTorrent, Cookies, Drones, Facebook, NDAA, Twitter

Pakistan Blocks Twitter

The Failures of the Facebook Generation in the Arab Spring

IP-Address Can’t Even Identify a State, BitTorrent Judge Rules

Drones Take Flight For Civilian Use

7 Ways To Get Yourself Detained Indefinitely

UK ‘cookie law’ takes effect: What you need to know

“A patent is property carried to the highest degree of abstraction—a right in rem to exclude, without a physical object or content.” -Oliver Wendell Holmes

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