Digital Media Law Project
Published on Digital Media Law Project (https://www.dmlp.org)

Home > Freeman v. Rucinsky

Freeman v. Rucinsky [1]

Submitted by DMLP Staff on Wed, 05/06/2009 - 13:45

Summary

Threat Type: 

Correspondence

Date: 

04/01/2009

Status: 

Pending

Location: 

New York

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
Right of Publicity
Trademark Infringement
In April 2009, Danyelle Freeman, an author and restaurant critic for the New York Daily News who runs the Restaurant Girl Blog, had her lawyers send a cease-and-desist letter to Adam Robb Rucinsky, the operator of an unflattering parody blog and... read full description
Parties

Party Receiving Legal Threat: 

Adam Robb Rucinsky

Type of Party: 

Individual

Type of Party: 

Individual

Location of Party: 

  • New York

Location of Party: 

  • New York
Description

In April 2009, Danyelle Freeman, an author and restaurant critic for the New York Daily News who runs the Restaurant Girl Blog [2], had her lawyers send a cease-and-desist letter [3] to Adam Robb Rucinsky, the operator of an unflattering parody blog and Twitter feed.

Rucinsky writes the Gourmet Glossary Blog [4] and the restaurantgirl [5] Twitter feed in the guise of a faux-Freeman, lampooning both her conversational writing style and her (alleged) lack of expertise.  In Rucinsky's words [6], the character is “a sweet but inept restaurant critic who loves food but has no idea how to express it.”

In the cease-and-desist letter, Freeman's counsel asserted that Rucinsky's publishing activities infringe her trademark in "Restaurant Girl" and violate her right of publicity.  It also suggested that using Freedman's name and likeness in connection with false statements "may constitute defamation."

According to the New York Times [7], Rucinsky "has been talking to his own lawyers and doesn’t plan to budge."

Related Links: 

  • New York Times: Lawyers Enter Twitter Tempest [7]
  • CMLP: Restaurant Girl Parody Leads to Twitter Trademark Tussle [7]
Details

Web Site(s) Involved: 

twitter.com/restaurantgirl [5]

The Gourmet Glossary [4]

The Life Vicarious [8]

Content Type: 

  • Text

Publication Medium: 

Blog
Micro-blog

Subject Area: 

  • Trademark
  • Right of Publicity
Court Information & Documents

Jurisdiction: 

  • New York

Source of Law: 

  • United States
  • California

DMLP Logo


Source URL (modified on 08/20/2014 - 11:09pm): https://www.dmlp.org/threats/freeman-v-rucinsky

Links
[1] https://www.dmlp.org/threats/freeman-v-rucinsky
[2] http://www.restaurantgirl.com/
[3] http://thelifevicarious.typepad.com/the_life_vicarious/2009/04/served.html
[4] http://thegourmetglossary.typepad.com/
[5] http://twitter.com/restaurantgirl
[6] http://www.nytimes.com/2009/04/22/dining/22girl.html
[7] http://www.nytimes.com/2009/04/22/dining/22girl.html?_r=1
[8] http://thelifevicarious.typepad.com/