Well, use of a TM in a domain name really is a recipe for problems. And they haven't even suspended the account (yet). Doesn't seem too illogical. ________________________________________ De : development-bounces@drupal.org [development-bounces@drupal.org] de la part de Dean Collins [Dean@cognation.net] Date d'envoi : mercredi 12 août 2009 07:27 À : development@drupal.org Objet : [development] FW: Twitter is Suing me!!! This isn’t Drupal related but I figure several developers on this list have built apps for Twitter (or other 3rd party API’s). Just found out a few hours ago I’m being sued by Twitter Feel free to tweet this link ( www.MyTwitterButler.com/I’m_Being_Sued<http://www.mytwitterbutler.com/I'm_Being_Sued> ) or forward on the link to any journalists you know. If you are on dig here’s a dig link. http://digg.com/software/My_Twitter_Butler_I_m_Being_Sued Regards, Dean Collins dean@MyTwitterButler.com<mailto:dean@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). ________________________________ From: Dean Collins Sent: Tuesday, August 11, 2009 10:37 PM Subject: Twitter is Suing me!!! So not only are Twitter fighting battles with Russian hackers they are now fighting their own third party API developer community !! I received this email 30 minutes ago stating that Twitter is suing me?? Basically they feel that my application - www.MyTwitterButler.com<http://www.mytwitterbutler.com/> does the following. 1/ That anyone using the API to auto follow people are breaching the TOS?? 2/ That no one can use the word “Twitter” in their domain 3/ That somehow people might be confused my application is related to twitter even though every page is labeled “Copyright 2009 © My Twitter Butler - Not related in anyway to Twitter Inc, if I owned Twitter would i be spending my time building this app?? Is this the end for Twitter 3rd party developers? Have they forgotten that it was people like me who saw a need and built an application using the publicly defined Twitter API to add value to the Twitter ecosystem? I have asked Twitters lawyers for a conference call tomorrow to clear up ‘WHY’ they feel anyone using the twitter API to auto follow people is an illegal act and will be looking forward to their answers about ‘WHY’ the twitter API was built in the first place if they want to sue people for using it. www.MyTwitterButler.com/I’m_Being_Sued<http://www.mytwitterbutler.com/I'm_Being_Sued> Regards, Dean Collins dean@MyTwitterButler.com<mailto:dean@MyTwitterButler.com> +1-212-203-4357 New York +61-2-9016-5642 (Sydney in-dial). +44-20-3129-6001 (London in-dial). FENWICK & WEST LLP SILICON VALLEY CENTER 801 CALI FORN IA STREET MOUNTAIN VIEW, CA 94041 TEL 650.988.8500 FAX 650.938.5200 WWW.FENWICK.COM August 11, 2009 KAREN WEBB VIA CERTIFIED MAIL AND EMAIL Dean Collins Attn: MyTwitterButler.com dean@cognation.net Re: Infringement of Twitter, Inc.'s Trademark Rights Dear Mr. Collins: EMAIL KWEBB@FENWICK.COM DIRECT DIAL (650) 335·7656 This firm represents Twitter, Inc. ("Twitter"), owner of the TWITTER trademark and the popular social networking and micro-blogging website at www.twitter.com. We are contacting you regarding your violation of Twitter's Terms of Service ("TOS") and spam rules, and your infringement of Twitter's trademark rights. Twitter has recently become aware that you have registered and are using the MyTwitterButler.com domain, where you advertise and offer for sale the "My Twitter Butler" software that facilitates aggressive and automatic following to Twitter users. On your website you also claim to have used the same aggressive following techniques. This activity violates Twitter's TOS and rules. In addition to the above violations, you are also infringing on Twitter's trademark rights by using the MyTwitterButler.com domain and the TWITTER trademark. As you are likely aware, Twitter's extensive and widespread use of its TWITTER trademark provides Twitter with strong and defensible rights in the mark, and has caused the mark to become well-known, if not famous, in today's online marketplace. Twitter owns trademark applications and registrations for its mark in the United States and numerous other countries for use in connection with its online services, which will provide Twitter with exclusive rights in the mark. Twitter has expended significant time and financial resources to build up the considerable customer recognition and goodwill related to its valuable TWITTER mark. In addition, in order to protect its investment and valuable intellectual property rights in its trademark, Twitter is required to prevent others from infringing or diluting the value of its brand. In light of the importance and distinctiveness of the mark and the strength of Twitter's legal rights to its valuable intellectual property, please be advised that Twitter is determined to take whatever steps are necessary to protect its rights in the mark. Having said that, at this time, we are willing to assume that you did not choose to misuse Twitter's trademark with the conscious intent of infringing Twitter's rights or trading off of Twitter's goodwill. Twitter is concerned, however, that your use of My Twitter Butler and the related domain may cause confusion in the marketplace by suggesting that you and your site are somehow affiliated with Twitter, or are endorsed, sponsored, or approved by Twitter, which would result in an infringement of Twitter's valuable trademark rights. In light of the above, we must demand that you immediately: 1. deactivate the MyTwitterButler.com website; 2. transfer the MyTwitterButler.com domain to Twitter; 3. comply with Twitter's TOS and rules, which includes stopping your aggressive and automatic following and offering techniques and software for others to aggressively or automatically follow; and 4. stop all use of the My Twitter Butler name, the TWITTER mark, or any other name, logo, or domain name that includes TWITTER or any confusingly similar term. Please respond to me no later than August 24, 2009, to confirm that you have complied with these demands and to obtain domain transfer instructions. Twitter is hopeful that this matter can be resolved quickly and amicably. If, however, you do not comply with these requests, Twitter will be forced to consider suspending your Twitter accounts and take such steps as it deems necessary to protect its intellectual property rights. We look forward to hearing from you. Sincerely, KAW ________________________________ From: Karen Webb [mailto:KWebb@fenwick.com] Sent: Tuesday, August 11, 2009 8:55 PM To: de5ffa48513f2670-348777@privacy.no-ip.com; Dean Collins Subject: Letter re MyTwitterButler.com Dear Mr. Collins: Please see the attached letter. Sincerely, Karen Webb Karen A. Webb | Fenwick & West LLP 801 California St. | Mountain View, CA 94041 T: 650-335-7656 | F: 650-938-5200 kwebb@fenwick.com<mailto:kwebb@fenwick.com> ------------------------------------------- IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice in this communication (including attachments) is not intended or written by Fenwick & West LLP to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. ------------------------------------------- ATTENTION: The information contained in this message may be legally privileged and confidential. It is intended to be read only by the individual or entity to whom it is addressed or by their designee. 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