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July 1, 2009 6:23 AM PDT

Is Twitter freaking out over 'tweet' trademark?

by Caroline McCarthy
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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."

Caroline McCarthy, a CNET News staff writer, is a downtown Manhattanite happily addicted to social-media tools and restaurant blogs. Her pre-CNET resume includes interning at an IT security firm and brewing cappuccinos. E-mail Caroline.
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by styymy July 1, 2009 6:57 AM PDT
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"..?
Reply to this comment
by sanenazok July 1, 2009 6:58 AM PDT
Especially since Tweety Bird has big, big media owner behind it!
by T-Guy July 1, 2009 12:00 PM PDT
But Tweety didn't Tweet. He just taw puddy tats...and was trademarked.
by MadLyb July 1, 2009 1:22 PM PDT
Wouldn't you twademawked?
by Qballe July 1, 2009 7:55 AM PDT
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
Reply to this comment
by itworker--2008 July 1, 2009 8:10 AM PDT
So I guess they'll also trademark "twitt"

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

LOL
Reply to this comment
by lennie22 July 1, 2009 10:47 AM PDT
how about calling them *****?
by lennie22 July 1, 2009 11:23 AM PDT
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?
by aTales July 1, 2009 8:10 AM PDT
unleash the TWiT LLC trademark! They publicly said they knew about TWiT so I wonder if there is something to that.
Reply to this comment
by askgees July 1, 2009 8:23 AM PDT
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.
Reply to this comment
by voislapp July 1, 2009 8:45 AM PDT
Reminds me of what happened to us on www.tweexchange.com recently!
Reply to this comment
by nixermac July 1, 2009 9:35 AM PDT
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.
Reply to this comment
by studiodave56 July 1, 2009 3:06 PM PDT
That's a big 10 - 4 good buddy.

Twitter is the CB radio of today, in all the same glory.
by MagiMamoru July 1, 2009 2:19 PM PDT
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. :-)
Reply to this comment
by ca5ter July 1, 2009 2:59 PM PDT
Twitter is like a big turd, you can seem to flush... Someone get a plunger!
Reply to this comment
by samjohnston August 19, 2009 9:43 AM PDT
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
Reply to this comment
by deancollins August 20, 2009 4:33 PM PDT
Speaking from personal experience www.MyTwitterButler.com was sent a C&D not only to change the name but cease selling the software that uses the Twitter API forever (which btw conforms to all of the daily account limits set by Twitter when using the API so that confuses us even more), however thats for another time.

My concilatory gesture to Twitters legal representative was that i would be happy to rename my appplication www.MyTweetButler.com on the basis on Biz Stones blog post....... only to be told that no Twitter wouldn't allow me to rename my application to Tweet as they also held the trademark to this as well.

We're still trying to sort out the issues as seen by both sides and for the moment continue to sell MyTwitterButler licenses for $10 but to be honest I think the left hand doesn't know what the right hand is doing and the development community is being caught in the crossfire.

Cheers,
Dean
Reply to this comment
by deancollins October 18, 2009 3:52 PM PDT
I wanted to send you a quick note to bring you up to speed on the legal issues facing www.MyTwitterButler.com

As most of you know on August 11th I received a ?cease and desist? letter from Twitters lawyers stating I had 14 days to hand over the domain, destroy all copies of the source code and to cease selling the MyTwitterButler application forever.

Basically they said the API was too powerful for end people to use directly and people should be using the Twitter web site if they wanted to follow people (I?m paraphrasing in my own words).

I?ve had two conference calls with Twitters lawyers and got my own legal advice and whilst I was comfortable changing the domain name (but not giving them away!!, just doing a redirection) I wasn?t going to stop using the MyTwitterButler software with the Twitter API.

Basically all of you deserve the right to interact with Twitter in a way that brings value to the Twitter community.



As such??


I'm back baby, ?bigger and badder? than before - www.MyTwitterButler.com is now www.MyPostButler.com feel free to tweet it on, lawyers suck !!





The application is now called www.MyPostButler.com and as you can see it has a new kick butt function that allows you to ?Bulk Unfollow Users?

If you have any questions feel free to get in touch.


Regards,
Dean Collins
www.MyPostButler.com
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About The Social

CNET News' Caroline McCarthy is a downtown Manhattanite who believes that, despite popular opinion, the Web can actually help your social life. She's happily addicted to fun social-media tools from Twitter to Yelp to Facebook, sends an inordinate number of text messages, and has a tendency to waste time at the office reading restaurant blogs. Here, she explores all facets of the Web's gregarious side, as well as the unique tech culture in her home city of New York. (Don't call it Silicon Alley.)

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