hmmmm, there's been a lot of noise about trademark, my previous comment a few days ago about 'first used in commerce' was to the effect that they aren't actually trading anything - of couse I'm no atty or even expert but I understand that if you aren't actually commencing in commerce for trade using a mark then you're really squatting on a name, and it's unlikely to register such mark for trade with the USG. even if you have loads of VC so ... what exactly are they selling and in what market? if they let their previous app lapse I'm **guessing** they ran into this kind of chicken-and-egg trouble.
but the thing is, what you've posted here says nothing about trademark, they're talking about TOS and your accounts and behavior. they are claiming 'intellectual property' to the name, which is arguable i suppose. I'm not exactly sure why you'd register such a domain in the first place, or at least go public about being upset and paranoid when they send you letters of intimidation ... but that's your game i suppose. they can definitely shut you down and block access to your software, and they can lay out the money to attempt to get the domain revoked, but if they don't have a valid trademark registered i'm not sure they're going to sue you personally, it would be a risky battle in my opinion. and if you happen to only have two nickles to rub together what would be the point? I think at this stage it's about intimidation, and if you choose to fight it it's a losing battle and waste of time for you IMHO. have a fantastic day. On Fri, Aug 14, 2009 at 5:18 PM, Dean Collins <d...@cognation.net> wrote: > Sorry Duane, This is the first time I've ever had legal action in any of > the internet website projects I've worked on. > > > > I now know the difference. > > > > Twitter inc sent MyTwitterButler a cease and desist notice to comply with > the following; > > > > > > > > with the threat of cancellation of all my twitter accounts and possible > legal action to enforce their intellectual property rights. > > > > As for the ‘my characterization of the events’….would you like to listen to > the phone call? > > > > (and yes the lawyer knows they were being recorded – all of my calls both > inbound and outbound get recorded to my Trixbox asterisk ip-pbx). > > > > > > Regards, > > Dean Collins > d...@mytwitterbutler.com<d...@mytwitterbutler.com?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). > > > > > > -----Original Message----- > From: email@example.com [mailto: > twitter-development-t...@googlegroups.com] On Behalf Of Duane Roelands > Sent: Friday, August 14, 2009 7:44 PM > To: Twitter Development Talk > Subject: [twitter-dev] Re: MyTwitterButler.com Legal issues Update 2 > > > > > > I'm afraid I'm not willing to accept Dean's characterization of events > > since he's been lying from the get go (e.g. claiming "Twitter's suing > > me" when nothing of the kind was happening). I give no credibility to > > those who practice deception in order to win people to their cause. > > > > > > > > > > > > On Aug 14, 7:31 pm, Dewald Pretorius <dpr...@gmail.com> wrote: > > > Unless something drastic changes in their approach, I think we as a > > > developer community should all rise and give them a standing ovation > > > for a brilliant performance in pissing people off. > -- \./'\./ /'\ \ ]. /'\./'\ /'\ /'\./