FLINT, MI – The popular Flint Halo Burger chain is suing a Grand Blanc Township man for using its name on Twitter.

William Leoni III started using the Twitter handle @haloburger in 2009 because he was fond of the restaurant and the Flint area, according to the lawsuit.

But Halo Burger is suing Leoni saying it is the sole proprietor of the name. The restaurant chain has a Twitter handle called "Halo_Burger."

The company filed the lawsuit Feb. 5 after it claims that Leoni refused to give up the name without compensation, according to court records.

"(Leoni) has 'squatted' the Halo Burger name for purposes of extorting money from the (owner)," the lawsuit said. "(Leoni's) only goal is to extort payment from the (owner), and he will apparently do whatever it takes to make money for nothing."

Leoni and his attorneys could not be reached for comment.

The attorney for Halo Burger, Michael Rizik, said the two parties are in the process of resolving the lawsuit, but declined to elaborate. Polly Dortch-Conlan, director of marketing for Dortch Enterprises, also declined comment.

On Thursday Leoni tweeted "I'm a winner" on his @haloburger tag.

Dortch Enterprises bought the 90-year-old company from the Bill Thomas family in 2010 for $6 million, according to the lawsuit. The company claims it noticed that Leoni was using the name and sent him a cease and desist letter in January.

Nearly all of Leoni's musings on the popular social networking site have nothing to do with Halo Burger. He writes about anything from Detroit sports to Michigan politics to his daily activities and the description line on his Twitter account says he is not associated with the burger chain.

Leoni's lawyers argue that Twitter handles are a "first come, first served basis," according to a response filed in the case. The Lawyers also say that a three-year statute of limitations has run out because Leoni started using the name in 2009.

"(Leoni) has not used the term 'Halo Burger' as a trademark to indicate the origin or source of goods or services, which is a prerequisite to a claim of trademark infringement or unfair competition," according to a filing by his lawyer, John Di Giacomo in Traverse City.

Sean Pager, associate professor of law at Michigan State University, said social media has raised a "new frontier" for trademark law.

In terms of this case, in depends on what Leoni's intent with the name is.

"Trademark law doesn't give you absolute ownership for names or words for trademarks," he said. "Trademark gives rights to use in a commercial setting and prevents others from using similar or the same name to confuse consumers."

Pager also pointed out that it is against Twitter's user policy to use a business or celebrity's name to confuse other people.

Defense lawyers also argue that while the state recognized the Halo Burger name as a trademark, it was rejected by the U.S. trademark office because it was too similar to another business name.

Leoni referenced the company demanding he cease using the name in a series of tweets in January and February.

"Why should I give my Twitter name away? First come first serve," he tweeted Jan. 13, according to the lawsuit. He later tweeted "I'm a capitalist not a charity #earlybirdgetstheworm"

He also had a tweet that the company's attorney considers a shot against the new owners. "@Halo_Burger burgers are not nearly what they used to be #imisstheoldhaloburger #fakeburgers."

Attorneys for Halo Burger wrote in the lawsuit that remarks like this are harmful to the company.

"By allowing (Leoni) to continue using the mark on Twiter ... and degrading the company, (he) will irreparably harm the (owner's) name, reputation and investment if this catches on with the public," the lawsuit reads.

The lawsuit goes on to say that if Leoni's page goes "viral," it would make the public believe that his handle is that of the real company.

"In rocky economic times in Genesee and surrounding counties, such carelessness could destroy Plaintiff's business, which this court must not tolerate," the lawsuit reads.

A hearing date has not been set in the case.