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
) 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
+1-212-203-4357
+44-20-3129-6001 (
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 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
Regards,
Dean Collins
dean@MyTwitterButler.com
+1-212-203-4357
+44-20-3129-6001 (
FENWICK &
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
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
T: 650-335-7656 | F: 650-938-5200
kwebb@fenwick.com
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