I have been through something very similiar to this with a trademark dispute
I had with a major cable television network.  I understand the dispute
process pretty well, as well as what you can or (not supposed to be able to)
and can't trademark.  There is a window of opportunity that you have to
dispute it, which is after the mark has been approved for publication.  The
only thing with the dispute is that you are going to spend some pretty good
money just to do that.  What you may do is put together a package of
documents (Stone's post), and some hard proof, hopefully coming from Twitter
folks directly that admits that Tweet was coined by users, along with info
that shows screenshots of old twitter pages that show there is no indication
of the word tweet anywhere.
Turn in the package of docs to the examiner assigned to this trademark
application and make contact with them about it after you sent it registered
mail.  This may save you tons of money.

Tweet is generic, and there is no way that Tweet can't be seen as a form of
the mark Twitter.  Twit, sure that's pretty staight forward, but tweet I
dont think so.
Good luck.
On Fri, Aug 14, 2009 at 9:48 PM, Andrew Badera <and...@badera.us> wrote:

>
> 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.
> >
> >
> > --
> > \./'\./ /'\ \ ]. /'\./'\ /'\ /'\./
> >
>



-- 
Dale Merritt
Fol.la MeDia, LLC

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