FYI - mashable.com just posted a story on this here http://mashable.com/2009/08/12/twitter-not-suing-developer/
Interesting to know that if Twitter gets the trademark for "Tweet" also what about the apps and businesses that have been using it before the claim like TweetDeck etc etc? Seems they would have a justifiable claim to the name also? How does that work? Not sure about the US but where I am if someone has made a stable reputation from a name they are also entitled to a trademark clause for it regardless if they officially trademarked it. (in my own words) "The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand." http://en.wikipedia.org/wiki/Trademark Disclaimer: I'm not a lawyer and don't play one on TV either so seek your own legal council regarding it. On Aug 12, 5:55 am, Goblin <stu...@abovetheinternet.org> wrote: > The question is, are they going to be going after Twitteriffic, > Twitterholic, Twitpic, Twitvid, Twittelator, Twitterena, Twitterfon, > iTwitter etc? > > I admit that I was fair game having the blue birds in the backdrop (as > I say, it was a stupid project that got traction and the new version > is live now anyway), but if Twitter is deciding to take down everyone > with Twit in their name then there are going to be some serious > issues. I know they have to show they are attempting to protect > trademark or risk losing it, but this seems a little heavy handed :( > > On Aug 12, 10:54 am, Andrew Badera <and...@badera.us> wrote: > > > On Wed, Aug 12, 2009 at 5:52 AM, Rich<rhyl...@gmail.com> wrote: > > > > I'm not aware of this but this > > > linkhttp://blog.twitter.com/2009/07/may-tweets-be-with-you.html, > > > published only last month says > > > > "We have applied to trademark Tweet because it is clearly attached to > > > Twitter from a brand perspective but we have no intention of "going > > > after" the wonderful applications and services that use the word in > > > their name when associated with Twitter. In fact, we encourage the use > > > of the word Tweet." > > > Thanks, I'd missed that. I only saw the original, unupdated article > > that brought up the issue on TechCrunch. Great to know. > > > --ab
