Is Twitter Going To Start Enforcing Its Trademark?

2009 August 12
by Michael H. Berkens

As we all know Twitter is one of those rare companies that have allowed other sites to spring up using the term “twitter” in their domain name or a variation thereof.

Today according to a report, Twitter sent a C & D letter to MyTwitterButler.com saying “that the domain is infringing on Twitter’s trademark and asks that the developer deactivate and transfer the domain back to Twitter.”

“As you are likely aware, Twitter’s extensive and widespread use of its Twitter trademark provides Twitter with the strong and defensible rights in the mark, and has caused the mark to become well-known, if not famous, in today’s online marketplace.”

It is important to note that in particular case the site is a Paid rather than free application and the service itself allegedly violates Twitter’s TOS.

MyTwitterButler.com, “is a paid-for downloadable application for Windows XP that hooks into the Twitter stream and allows users to add new contacts based on certain keywords while sending a direct messages at the same time.”

Whether this is an isolated case, based on other factors or a sign that Twitter is now going to going to start enforcing its mark and start going after infringing domain names is yet to be seen, but here is a copy of the C & D letter.

4 Responses leave one →
  1. 2009 August 12
    Tim Davids permalink

    if twitter ever decides to make money and/or be sold to another company they will have to do a 180…would you invest in a company that let’s anyone use their hard earned mark?

  2. 2009 August 12
    Anon permalink

    Not surprising – they’ve already said that they frown upon the use of “Twitter” in names – they encourage people to use “tweet” or “twit” instead.

  3. 2009 August 12

    MHB,

    Here is a recent post Twitter put out regarding this issue in case you have not seen it.

    http://blog.twitter.com/2009/07/may-tweets-be-with-you.html

  4. 2009 August 12

    Twitter has just begun to crack down on TM violators:
    http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=111555

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