Hey Stuart,

I'm glad someone else posted they were being pursued by Twitters Legal 
representatives apart from myself.

(I'm still waiting for answers to my questions so nothing new to report here).

Do you feel that their real beef is using the word "Twit" in your URL?

I put a counter proposal to Twitters legal representative to rename my 
application www.MyTweetButler.com which as per Biz Stone's blog post of July 
1st he indicated he was very happy with 3rd party developers to use the word 
"Tweet"
http://blog.twitter.com/2009/07/may-tweets-be-with-you.html#links

There have also been discussions online that although Twitter inc have applied 
for a trademark for Tweet (not granted yet) that the term was actually coined 
by an end user so Twitter would actually have a lot of problems if they decided 
to pursue people with the word Tweet in their name.

Do you think that this will satisfy them?




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 Twitlonger
Sent: Thursday, August 13, 2009 6:33 PM
To: Twitter Development Talk
Subject: [twitter-dev] Cease & Desist from Twitter


I recently got a letter by email from a UK law firm representing
Twitter claiming that my website www.twitlonger.com was infringing on
their trade mark and was inherently likely to confuse users. The
version of the website they were objecting to didn't have a similar
font but did use the same birds as the old version of the site (fair
enough to be asked to remove them).

The timing coincided with a redesign of the site anyway which went
live this week. I emailed them back pointing this out and then ended
up on the phone with them with the claim being that the site as it
stands now could still be seen as "potentially confusing". I want to
know how different they expect a site to be (especially when it
doesn't even include the full word "twitter" in the name. Compare this
to Twitpic, Twitvid etc who are using the same contraction AND the
same typeface.

This feels so much like a legal department doing stuff that is
completely contrary to the Twitter team who have been so supportive of
the third party community. Of course, all these applications have been
granted access to be listed in the posted from field in the tweets,
been granted special access to the API via whitelisting which requires
the application to be named and described and, in many cases, been
registered with OAuth, again requiring the name and description of the
app.

Has anyone else received similar letters where they have no problem
with the service but can't seem to tell the difference between two
sites if blue is present in each?

:(

Letter copied below.
---
TWITTER - Trade Mark and Website Presentation Issues
We act for Twitter, Inc. in relation to intellectual property issues
in the UK.
Twitter has asked us to contact you about your ww.twitlonger.comwebsite
(the..Website..).Twitter
has no objection to the service which you are offering on the Website.
However, Twitter does need
you to make certain changes to the Website. We have set out the
reasons below.
Your Website
Twitter owns a number of registrations for its TWITTER trade mark,
including Community trade mark
registration number 6392997. Your use of a name for the Website which
is based on the TWITTER
trade mark is inherently likely to confuse users of the ww.twitter.com
website into thinking that the
Website is owned or operated by Twitter, when this is not the case.
You are using a font on your Website which is very similar to that
used by Twitter for its TWITTER
logo. You have no doubt chosen to use this font for this very reason.
You are also using a blue
background and representations of blue birds. These blue birds are
identical to those which Twitter
has previously used on the www.twitter.com website. The combination of
these factors and the name
of your Website inevitably increase the likelihood of confusion.
We therefore ask you to confirm that you will, within seven days of
giving the confirmation:
1. incorporate a prominent non-affiliation disclaimer on all pages of
the Website;
2. permanently stop any use on the Website of a font which is
identical or similar to the font used by
Twitter for its TWITTER logo; and
3. permanently stop any use on the Website of (i) representations of
blue birds which are identical or
similar to the blue bird design previously or currently used by
Twitter on the www.twitter.com
website; and (ii) a blue background.

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