Tweet needs to be challenged -- any trademark of that term, and defense of such, is utter motherf*cking bullshit. Who's up for getting the resources together for a legal challenge of the trademark? We users and developers created and popularized the term "tweet" way back when -- when Twitter was still calling "tweets" "updates"
Twitter keeps going like this and Rome WILL burn. ∞ Andy Badera ∞ This email is: [ ] bloggable [x] ask first [ ] private ∞ Google me: http://www.google.com/search?q=(andrew+badera)+OR+(andy+badera) On Fri, Aug 14, 2009 at 9:29 PM, avail4one<avail4...@gmail.com> wrote: > 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 >> +1-212-203-4357 New York >> +61-2-9016-5642 (Sydney in-dial). >> +44-20-3129-6001 (London in-dial). >> >> >> >> >> >> -----Original Message----- >> From: twitter-development-talk@googlegroups.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. > > > -- > \./'\./ /'\ \ ]. /'\./'\ /'\ /'\./ >
