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

Wed Aug 12 09:09:19 UTC 2009

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 at drupal.org [development-bounces at drupal.org] de la part de Dean Collins [Dean at cognation.net]
Date d'envoi : mercredi 12 août 2009 07:27
À : development at 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 at MyTwitterButler.com<mailto:dean at 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

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 at MyTwitterButler.com<mailto: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<mailto:kwebb at fenwick.com>
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