You saw this right?

On Thu, Aug 13, 2009 at 3:41 PM, Dean Collins <> wrote:

> Hey Stuart,
> I'm glad someone else posted they were being pursued by Twitters Legal
> representatives apart from myself.
> (I'm still waiting for answers to my questions so nothing new to report
> here).
> Do you feel that their real beef is using the word "Twit" in your URL?
> I put a counter proposal to Twitters legal representative to rename my
> application <> which as
> per Biz Stone's blog post of July 1st he indicated he was very happy with
> 3rd party developers to use the word "Tweet"
> There have also been discussions online that although Twitter inc have
> applied for a trademark for Tweet (not granted yet) that the term was
> actually coined by an end user so Twitter would actually have a lot of
> problems if they decided to pursue people with the word Tweet in their name.
> Do you think that this will satisfy them?
> Regards,
> Dean Collins
> +1-212-203-4357   New York
> +61-2-9016-5642   (Sydney in-dial).
> +44-20-3129-6001 (London in-dial).
> -----Original Message-----
> From: [mailto:
>] On Behalf Of Twitlonger
> Sent: Thursday, August 13, 2009 6:33 PM
> To: Twitter Development Talk
> Subject: [twitter-dev] Cease & Desist from Twitter
> I recently got a letter by email from a UK law firm representing
> Twitter claiming that my website was infringing on
> their trade mark and was inherently likely to confuse users. The
> version of the website they were objecting to didn't have a similar
> font but did use the same birds as the old version of the site (fair
> enough to be asked to remove them).
> The timing coincided with a redesign of the site anyway which went
> live this week. I emailed them back pointing this out and then ended
> up on the phone with them with the claim being that the site as it
> stands now could still be seen as "potentially confusing". I want to
> know how different they expect a site to be (especially when it
> doesn't even include the full word "twitter" in the name. Compare this
> to Twitpic, Twitvid etc who are using the same contraction AND the
> same typeface.
> This feels so much like a legal department doing stuff that is
> completely contrary to the Twitter team who have been so supportive of
> the third party community. Of course, all these applications have been
> granted access to be listed in the posted from field in the tweets,
> been granted special access to the API via whitelisting which requires
> the application to be named and described and, in many cases, been
> registered with OAuth, again requiring the name and description of the
> app.
> Has anyone else received similar letters where they have no problem
> with the service but can't seem to tell the difference between two
> sites if blue is present in each?
> :(
> Letter copied below.
> ---
> TWITTER - Trade Mark and Website Presentation Issues
> We act for Twitter, Inc. in relation to intellectual property issues
> in the UK.
> Twitter has asked us to contact you about your ww.twitlonger.comwebsite
> (the..Website..).Twitter
> has no objection to the service which you are offering on the Website.
> However, Twitter does need
> you to make certain changes to the Website. We have set out the
> reasons below.
> Your Website
> Twitter owns a number of registrations for its TWITTER trade mark,
> including Community trade mark
> registration number 6392997. Your use of a name for the Website which
> is based on the TWITTER
> trade mark is inherently likely to confuse users of the
> website into thinking that the
> Website is owned or operated by Twitter, when this is not the case.
> You are using a font on your Website which is very similar to that
> used by Twitter for its TWITTER
> logo. You have no doubt chosen to use this font for this very reason.
> You are also using a blue
> background and representations of blue birds. These blue birds are
> identical to those which Twitter
> has previously used on the website. The combination of
> these factors and the name
> of your Website inevitably increase the likelihood of confusion.
> We therefore ask you to confirm that you will, within seven days of
> giving the confirmation:
> 1. incorporate a prominent non-affiliation disclaimer on all pages of
> the Website;
> 2. permanently stop any use on the Website of a font which is
> identical or similar to the font used by
> Twitter for its TWITTER logo; and
> 3. permanently stop any use on the Website of (i) representations of
> blue birds which are identical or
> similar to the blue bird design previously or currently used by
> Twitter on the
> website; and (ii) a blue background.

Dale Merritt MeDia, LLC

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