Is Twitter freaking out over 'tweet' trademark?

Is Twitter getting possessive of its own name? Maybe.

A developer building an application using Twitter's API was told via e-mail that Twitter took issue with the user interface of his application, allegedly very similar to Twitter's own, as well as his use of the word "tweet" in the application's name.

The developer forwarded the e-mail to TechCrunch: "Twitter, Inc., is uncomfortable with the use of the word Tweet (our trademark) and the similarity in your UI and our own."

Uh-oh. If Twitter is staking a claim to the word "tweet," that could mean a problem for TweetDeck, TweetMeme, PoliTweets, and some of the other extremely popular businesses built atop Twitter.

A few things to keep in mind here. One, the developer was also creating a service that looked a lot like Twitter, the TechCrunch post explains, which means that the use of the word "tweet" may really have been less important than the e-mail made it out to be. Second, it's a personal e-mail coming from a Twitter employee--not a company representative or executive--which means that it may not be perfectly aligned with the company's official stance on things.

(Case in point: A Twitter investor hinted to The New York Times that the company would be making money with virtual coupons. One of Twitter's co-founders said in a comment on a blog that the investor was "brainstorming on his own.")

But the tech industry does have a history of getting into one skirmish after another over names similar to their trademarks. Several years ago, Apple started sending cease-and-desist letters to some third-party equipment companies and fan blogs that were using the word "pod" in their names. Google, too, has taken issue with the word "googling" being used as a generic verb.

And as TechCrunch points out, Twitter has filed for a trademark on the word "tweet." On the other hand, being possessive of this term (which, it goes without saying, has been a dictionary word for centuries) might not be the smartest strategy, if Twitter indeed wants to be a Digital Age communication standard "like electricity," as one executive said last month. So we'll see how this one unfolds.

UPDATE at 11:49 a.m. PT: Twitter co-founder Biz Stone has, as the company's executives often do when there's a rumor flurry about something Twitter's doing, put up a blog post to clarify. The answer, not surprisingly, is that these things are handled on a case-by-case basis.

And "tweet" is not a target, he said.

"We have no intention of 'going after' the wonderful applications and services that use the word in their name when associated with Twitter," Stone assured readers. "In fact, we encourage the use of the word Tweet."

It's more complicated when developers choose to use the word "Twitter," though it had been a dictionary word long before the microblogging company adopted the term.

"Regarding the use of the word Twitter in projects, we are a bit more wary although there are some exceptions here as well," Stone wrote. "After all, Twitter is the name of our service and our company so the potential for confusion is much higher. When folks ask us about naming their application with 'Twitter' we generally respond by suggesting more original branding for their project. This avoids potential confusion down the line."

[styymy]

What would Tweety Bird think? If anyone should have issue with the use of "tweet" as a trademark, it should be Tweety Bird. So should Twitter expect to be receiving an email from Tweety Bird about an issue with them using "tweet"..?

[sanenazok]

Especially since Tweety Bird has big, big media owner behind it!

[T-Guy]

But Tweety didn't Tweet. He just taw puddy tats...and was trademarked.

[MadLyb]

Wouldn't you twademawked?

[Qballe]

Some people are actually applying for the trademark "Twitter" for use on promotional items. And it wasn't Twitter that applied for this specific trademark. Check it out:

http://rizzotees.posterous.com/the-stealing-of-twitter-what-does-this-mean

[itworker--2008]

So I guess they'll also trademark "twitt"

I sure they'll end up calling everyone that uses twitter, twitts

LOL

[lennie22]

how about calling them *****?

[lennie22]

I can't say that? I mean wouldn't that be the past tense form of twit? I mean, there are begin = began, give = gave, ring = rang.....therefore twit = ___

or is it that you just add the "ed" at the end of the verb?

[aTales]

unleash the TWiT LLC trademark! They publicly said they knew about TWiT so I wonder if there is something to that.

[askgees]

Twitter along with Facebook and Myspace have lost their minds. Maybe it's time to get the justice dept. involved. After all the three mentioned above account for more than 50% of the internet problems. Problems from viruses to spam software to ID theft. Hold them accountable. No one has the right to trash the web. F$%k Twitter. I believe even their biggest stars are leaving.

[voislapp]

Reminds me of what happened to us on www.tweexchange.com recently!

[nixermac]

I don't tweet and I am glad that I am on the other side. Frankly all these telling the world what you are doing is like standing naked at Times Square.

[studiodave56]

That's a big 10 - 4 good buddy.

Twitter is the CB radio of today, in all the same glory.

[MagiMamoru]

All the little birdies on Jay Bird street, all the little birdies love to hear the Robin go Tweet, Tweet, Tweet.

All I have to say to Twitter is good luck. :-)

[ca5ter]

Twitter is like a big turd, you can seem to flush... Someone get a plunger!

[samjohnston]

Too little too late for Twitter I'm afraid:

Twitter's "Tweet" Trademark Torpedoed
http://samj.net/2009/08/twitters-tweet-trademark-torpedoed.html

Sam