The trademark app for "Tweet" could be disputed. There is a window of time
in the trademark office proceedings that you can do this.  I think its 60
days after the mark has been approved for publication, prior to the official
registration is approved.  Any app w/ Tweet in their name might band
together to see if more can be accomplished and spend less money on
attoneys.  I'm sure Twitter is probably wrestling with this issue too,
seeing that they have basically came out and said they wouldn't go after
anyone using it in a correct way.  To dispute the mark provides leverage.  I
went through this with one of my trademarks, and was able to come to a
settlement.

Dale


On Wed, Aug 12, 2009 at 5:24 AM, Vision Jinx <vjn...@gmail.com> wrote:

>
> FYI - mashable.com just posted a story on this here
> http://mashable.com/2009/08/12/twitter-not-suing-developer/
>
> Interesting to know that if Twitter gets the trademark for "Tweet"
> also what about the apps and businesses that have been using it before
> the claim like TweetDeck etc etc? Seems they would have a justifiable
> claim to the name also? How does that work?
>
> Not sure about the US but where I am if someone has made a stable
> reputation from a name they are also entitled to a trademark clause
> for it regardless if they officially trademarked it. (in my own words)
>
> "The owner of a common law trademark may also file suit, but an
> unregistered mark may be protectable only within the geographical area
> within which it has been used or in geographical areas into which it
> may be reasonably expected to expand."
>
> http://en.wikipedia.org/wiki/Trademark
>
> Disclaimer: I'm not a lawyer and don't play one on TV either so seek
> your own legal council regarding it.
>
>
> On Aug 12, 5:55 am, Goblin <stu...@abovetheinternet.org> wrote:
> > The question is, are they going to be going after Twitteriffic,
> > Twitterholic, Twitpic, Twitvid, Twittelator, Twitterena, Twitterfon,
> > iTwitter etc?
> >
> > I admit that I was fair game having the blue birds in the backdrop (as
> > I say, it was a stupid project that got traction and the new version
> > is live now anyway), but if Twitter is deciding to take down everyone
> > with Twit in their name then there are going to be some serious
> > issues. I know they have to show they are attempting to protect
> > trademark or risk losing it, but this seems a little heavy handed :(
> >
> > On Aug 12, 10:54 am, Andrew Badera <and...@badera.us> wrote:
> >
> > > On Wed, Aug 12, 2009 at 5:52 AM, Rich<rhyl...@gmail.com> wrote:
> >
> > > > I'm not aware of this but this linkhttp://
> blog.twitter.com/2009/07/may-tweets-be-with-you.html,
> > > > published only last month says
> >
> > > > "We have applied to trademark Tweet because it is clearly attached to
> > > > Twitter from a brand perspective but we have no intention of "going
> > > > after" the wonderful applications and services that use the word in
> > > > their name when associated with Twitter. In fact, we encourage the
> use
> > > > of the word Tweet."
> >
> > > Thanks, I'd missed that. I only saw the original, unupdated article
> > > that brought up the issue on TechCrunch. Great to know.
> >
> > > --ab
>



-- 
Dale Merritt
Fol.la MeDia, LLC

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