[development] FW: Twitter is Suing me!!!

[Ryan Cross]

Hi Dean,

You might want to see this http://is.gd/2d8VQ

Apparently Twitter clarified their policy on trademark last month.

-Ryan

On Wed, Aug 12, 2009 at 3:27 PM, Dean Collins<Dean at cognation.net> wrote:
> 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 at MyTwitterButler.com
> +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 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 at 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 at cognation.net
>
> Re: Infringement of Twitter, Inc.'s Trademark Rights
>
> Dear Mr. Collins:
>
> EMAIL KWEBB at 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 at fenwick.com]
> Sent: Tuesday, August 11, 2009 8:55 PM
> To: de5ffa48513f2670-348777 at 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 at fenwick.com
>
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