Oh and I found u on mashable - http://mashable.com/2009/08/12/twitter-not-suing-developer/
On Wed, Aug 12, 2009 at 2:39 PM, fgm <[email protected]> wrote: > Well, use of a TM in a domain name really is a recipe for problems. And > they haven't even suspended the account (yet). Doesn't seem too illogical. > ________________________________________ > De : [email protected] [[email protected]] de la > part de Dean Collins [[email protected]] > Date d'envoi : mercredi 12 août 2009 07:27 > À : [email protected] > Objet : [development] FW: Twitter is Suing me!!! > > This isn’t Drupal related but I figure several developers on this list have > built apps for Twitter (or other 3rd party API’s). > > Just found out a few hours ago I’m being sued by Twitter > > > Feel free to tweet this link ( www.MyTwitterButler.com/I’m_Being_Sued< > http://www.mytwitterbutler.com/I'm_Being_Sued<http://www.mytwitterbutler.com/I%27m_Being_Sued>> > ) or forward on the link to any journalists you know. > > If you are on dig here’s a dig link. > http://digg.com/software/My_Twitter_Butler_I_m_Being_Sued > > > > > Regards, > Dean Collins > [email protected]<mailto:[email protected] > ?subject=I'm%20being%20Sued> > +1-212-203-4357 New York > +61-2-9016-5642 (Sydney in-dial). > +44-20-3129-6001 (London in-dial). > > > ________________________________ > From: Dean Collins > Sent: Tuesday, August 11, 2009 10:37 PM > Subject: Twitter is Suing me!!! > > So not only are Twitter fighting battles with Russian hackers they are now > fighting their own third party API developer community !! > > I received this email 30 minutes ago stating that Twitter is suing me?? > > Basically they feel that my application - www.MyTwitterButler.com< > http://www.mytwitterbutler.com/> does the following. > > 1/ That anyone using the API to auto follow people are breaching the TOS?? > > 2/ That no one can use the word “Twitter” in their domain > > 3/ That somehow people might be confused my application is related to > twitter even though every page is labeled > > “Copyright 2009 © My Twitter Butler - Not related in anyway to Twitter Inc, > if I owned Twitter would i be spending my time building this app?? > > > Is this the end for Twitter 3rd party developers? > > Have they forgotten that it was people like me who saw a need and built an > application using the publicly defined Twitter API to add value to the > Twitter ecosystem? > > I have asked Twitters lawyers for a conference call tomorrow to clear up > ‘WHY’ they feel anyone using the twitter API to auto follow people is an > illegal act and will be looking forward to their answers about ‘WHY’ the > twitter API was built in the first place if they want to sue people for > using it. > > > www.MyTwitterButler.com/I’m_Being_Sued< > http://www.mytwitterbutler.com/I'm_Being_Sued<http://www.mytwitterbutler.com/I%27m_Being_Sued> > > > > > > > Regards, > Dean Collins > [email protected]<mailto:[email protected]> > +1-212-203-4357 New York > +61-2-9016-5642 (Sydney in-dial). > +44-20-3129-6001 (London in-dial). > > > > > > > > > FENWICK & WEST LLP > SILICON VALLEY CENTER 801 CALI FORN IA STREET MOUNTAIN VIEW, CA 94041 > TEL 650.988.8500 FAX 650.938.5200 WWW.FENWICK.COM > August 11, 2009 > KAREN WEBB > VIA CERTIFIED MAIL AND EMAIL > > > Dean Collins > Attn: MyTwitterButler.com > > [email protected] > Re: Infringement of Twitter, Inc.'s Trademark Rights > Dear Mr. Collins: > EMAIL [email protected] > DIRECT DIAL (650) 335·7656 > > > This firm represents Twitter, Inc. ("Twitter"), owner of the TWITTER > trademark and > the popular social networking and micro-blogging website at > www.twitter.com. We are > contacting you regarding your violation of Twitter's Terms of Service > ("TOS") and spam > rules, and your infringement of Twitter's trademark rights. > Twitter has recently become aware that you have registered and are using > the > MyTwitterButler.com domain, where you advertise and offer for sale the "My > Twitter Butler" > software that facilitates aggressive and automatic following to Twitter > users. On your website > you also claim to have used the same aggressive following techniques. This > activity violates > Twitter's TOS and rules. > In addition to the above violations, you are also infringing on Twitter's > trademark > rights by using the MyTwitterButler.com domain and the TWITTER trademark. > As you are > likely aware, Twitter's extensive and widespread use of its TWITTER > trademark provides > Twitter with strong and defensible rights in the mark, and has caused the > mark to become > well-known, if not famous, in today's online marketplace. Twitter owns > trademark > applications and registrations for its mark in the United States and > numerous other countries > for use in connection with its online services, which will provide Twitter > with exclusive rights > in the mark. > Twitter has expended significant time and financial resources to build up > the > considerable customer recognition and goodwill related to its valuable > TWITTER mark. In > addition, in order to protect its investment and valuable intellectual > property rights in its > trademark, Twitter is required to prevent others from infringing or > diluting the value of its > brand. In light of the importance and distinctiveness of the mark and the > strength of Twitter's > legal rights to its valuable intellectual property, please be advised that > Twitter is determined to > take whatever steps are necessary to protect its rights in the mark. > Having said that, at this time, we are willing to assume that you did not > choose to > misuse Twitter's trademark with the conscious intent of infringing > Twitter's rights or trading > off of Twitter's goodwill. Twitter is concerned, however, that your use of > My Twitter Butler > and the related domain may cause confusion in the marketplace by suggesting > that you and > your site are somehow affiliated with Twitter, or are endorsed, sponsored, > or approved by > Twitter, which would result in an infringement of Twitter's valuable > trademark rights. > In light of the above, we must demand that you immediately: > 1. deactivate the MyTwitterButler.com website; > 2. transfer the MyTwitterButler.com domain to Twitter; > 3. comply with Twitter's TOS and rules, which includes stopping your > aggressive > and automatic following and offering techniques and software for others to > aggressively or automatically follow; and > 4. stop all use of the My Twitter Butler name, the TWITTER mark, or any > other > name, logo, or domain name that includes TWITTER or any confusingly similar > term. > Please respond to me no later than August 24, 2009, to confirm that you > have > complied with these demands and to obtain domain transfer instructions. > Twitter is hopeful > that this matter can be resolved quickly and amicably. If, however, you do > not comply with > these requests, Twitter will be forced to consider suspending your Twitter > accounts and take > such steps as it deems necessary to protect its intellectual property > rights. > We look forward to hearing from you. > Sincerely, > KAW > > > > > > > > ________________________________ > From: Karen Webb [mailto:[email protected]] > Sent: Tuesday, August 11, 2009 8:55 PM > To: [email protected]; Dean Collins > Subject: Letter re MyTwitterButler.com > > Dear Mr. Collins: > > Please see the attached letter. > > Sincerely, > > Karen Webb > > Karen A. Webb | Fenwick & West LLP > 801 California St. | Mountain View, CA 94041 > T: 650-335-7656 | F: 650-938-5200 > [email protected]<mailto:[email protected]> > ------------------------------------------- > IRS Circular 230 Disclosure: To ensure compliance with requirements > imposed by the IRS, we inform you that any U.S. federal tax advice in this > communication (including attachments) is not intended or written by Fenwick > & West LLP to be used, and cannot be used, for the purpose of (i) avoiding > penalties under the Internal Revenue Code or (ii) promoting, marketing, or > recommending to another party any transaction or matter addressed herein. > ------------------------------------------- > ATTENTION: > The information contained in this message may be legally privileged and > confidential. It is intended to be read only by the individual or entity to > whom it is addressed or by their designee. If the reader of this message is > not the intended recipient, you are on notice that any distribution of this > message, in any form, is strictly prohibited. > > If you have received this message in error, please immediately notify the > sender and/or Fenwick & West LLP by telephone at (650) 988-8500 and delete > or destroy any copy of this message. >
