On 8/14/09 10:56 AM, Ty wrote:
I have used sites with part of twiiter name in it and do not get
IANAL, but ... in the "likelihood of confusion" test, I don't think the
standard includes us. By the virtue of the fact that we are in this
developer group already separates us from the average person. If any
Twitter developer ever mistakes a third-party app. being a part of
Twitter itself, just stick your head in the oven and breathe deep until
you go to sleep.
Think of your average person who's only joined Twitter because they
heard about it on Oprah and want to follow Ellen Degeneres. They still
haven't figured out what "retweeting" is. Now, they see a third-party
app. developers site: is it likely they might be confused? Of course!
They're a shade smarter than garden mulch and the words "ketchup" and
"catsup" confuses them. They believe that pro-wrestling on TV is
*real*. And guess what: they constitute probably upwards of 80% of the
Lowest common denominator. Welcome to humanity!
Dossy Shiobara | do...@panoptic.com | http://dossy.org/
Panoptic Computer Network | http://panoptic.com/
"He realized the fastest way to change is to laugh at your own
folly -- then you can let go and quickly move on." (p. 70)