Jimmy Gardner - Comments

Given that leo does video for many hours a day and is constantly streaming, it doesn't seem like an outrageous request that they not use that name. - Nathan Loehlein

If he has a TM on twit then has he defended it against twitter ? That has twit in the name. - Jimmy Gardner from iPhone

If the company called itself twittervid I bet leo would leave them alone. The TM needs defending because Leo's product includes video. LOTS of video. - Tendonitis' Bitch

It's the combination of the word TWiT with audio or video content that causes the problem. We're cool with Twitter, twitpic, etc. as long as they're not doing audio or video shows. - Leo Laporte

Seems very reasonable, Leo. Have you sent them a C&D? - Eric Florenzano

Yeah. And they refused so we've filed suit. twitvid.io was very cooperative - they've agreed to rebrand - please use them instead. They're really great guys, too. - Leo Laporte

Ouch, doesn't sound fun but you've got to defend your trademark. Bookmarking twitvid.io. - Eric Florenzano

I also like tweetreel for the iPhone. Tweet is a much better word than twit for these things, don't you think? ;-) - Leo Laporte

Is it wrong that I just sent them an email "innocently" (playing dumb) warning them that they are in the video space, and that TWiT holds a trademark in that space, and that they should really consider changing, such that a good service doesn't get blowed up because of douchey behavior? (stealing) - Matthew DeVries

I love you Matthew. No seriously. - Leo Laporte

Tis nothing. - Matthew DeVries

Signed - Eric

For whom is twitvid more likely to cause consumer confusion? If anyone, it would be Twitter (who have a long tradition of NOT protecting their actually much stronger trademark). It wouldn't be TWiT. Unless Twitvid is producing some general interest technology show. Oh wait, it's not. It looks like a Twitter-specific Vimeo. Even the logo is aimed at Twitter. If I were them I would respond to your C & D the same way I did when I first heard of TWiT. "And who you are you, exactly?" - mrshl

I was confused when I sawTwitvid. I thought it was a way for me to share short videos with the TWiT network, like if I found good prices on tech, or such. I was very confused. - Matthew DeVries

So you've never heard of Twitter? - mrshl

mrshl if you follow Leo's Tweets, they've owned the Twit trademark long before Twitter did. - Jesse Stay

Will do ... - Jeff

1) I don't follow Leo's Twits. 2) Yes, I am aware that Leo has used the TWiT trademark longer than Twitter. 3) Or rather that Twitter really has never done anything with the trademark. But none of those things is relevant in the legal inquiry. Again, how are consumers going to be confused by the Twitvid site? They're clearly trying to confuse people into thinking they're a great site with which to upload videos to twitter. I.e., there is no confusion. - mrshl

Yes, trademark holders should actually protect their trademark. But in this case, the party against whom it should have been protected was probably Twitter. As pretty much everyone knows, that horse has left the barn. - mrshl

I think you know the answer to that question. Could another site or company call itself Twitter? In two years Twitter has become like Coke or Sears or Xerox. Does TWiT get mentioned all the time on CNN? Has your grandma heard of TWiT? Twitter is a trademark. And they've also trademarked "tweets." - mrshl

Good thing you're not a lawyer, mrshi. - Leo Laporte

This is as big an invasion into a party's space as if I were to open a quicky burger place and call it McDonald's. Mrshi - You're being obtuse, or playing dumb. - Matthew DeVries

While I am sure it was not intentional that the owners of twitvid.com used the 'Twit' name, out of courtesy they should comply right away with any crease/desist sent to them. If I was the owner of twitvid, I would change the name asap out of pure respect for Leo and the Twit brand he has worked hard to develop. - Alex Knight

What about TwitVid.io? -

haha. good thing i'm not yours. or twitvid's. good luck with the boycott. i recognize you've got a lot of fans, and a hell of lot of pull. and i'll be the FIRST to say i'm not a trademark expert. but i'm not seeing a good reason for asking your fans to boycott a video site clearly aimed at twitter. and i felt the same way when you announced you were leaving twitter for jaiku, in part over trademark concerns. i agree you have a trademark. i'm just not seeing the violation. - mrshl

twitvid.io did, in fact, agree to rebrand. They've been great. - Leo Laporte

I agree with mrshi that there's close to zero real-world chance of confusing twitvid with anything related to Leo. OTOH, if Leo doesn't actively defend the mark, he could be screwed sometime in the future when a truly infringing case arises. The legal system sucks all 'round. - Roger Benningfield from BuddyFeed

Leo has every right to request a boycott and I'll support it. Change the name. - Steve Gillmor from iPhone

When I think of 'twit" I think of Twitter first. Should we boycott Twitpic and Twitter too? - Brett Nordquist

I agree with Leo here. Assuming US trade mark law works similarly to our trade mark law he has a valid complaint. The name has the potential to create confusion in the minds of whoever is familiar with TWiT and that is a lot of people. I also understand that Leo almost has to take steps to defend his trade mark both to retain his ability to enforce it in future and as a deterrent to... more... - Paul Jacobson

anyone want to mention that twitvid's site also looks like garbage? just saying... - Jeremy Lane

Leo you know I will, and the twit army will, & anyone who knows ya will - D Lets

I am supporting Leo on this boycott till they change there name.. - Fireman17

The Twit Army is being called into ACTION! Boycott, will do! - Rob Summit

Sorry but what Christopher said............ - Kevin J Hatton

Twitter doesn't distinguish twit in the logo like these guys do.. And twitter is not doing anything remotely close to what twit does.. TwitVid.com does video. Twit does video. - Anton Tanderup

I think Leo managed to work something out with Twitter though. Besides, it isn't just about the similarity of the name. It is the type of business the company is engaged in. TwitVid does video production, like TWiT, and that adds to the confusion. - Paul Jacobson

Twitvid is such an obvious violation it would almost seem they are doing this out of some kind of spite. I call on all TWIT supporters to not only support Leo but also comment in every blog and web site stating this situation so other copyright pirates would think twice before pulling a stunt like this one. mrshl...if you are surely an attorney ambulance chaser I suggest you go back to night school and refresh your knowledge regarding copyright law. - earl wallace

What I don't get is, if they hadn't heard of TWiT how can anyone say it is a is an intententional violation and not one a service simply stating that it is part of Twitter eco-system hence the logo hence the twit. I had never heard of TWiT, and I suspect 99% of twitter have never heard of TWiT either. - Paul Kinlan

Earl, I don't think your personal attacks are very helpful. - mrshl

Surely it's not really about whether they were intentionally/knowingly doing it? It's just the fact that Leo HAS to go after people potentially infringing on his trademark, whether he likes it or not, because otherwise he will just LOSE it. Regardless of the situation. - Jalada

Looking at this objectively, this is actually not as binary as people make it out to be. On the surface, without any other knowledge, you see a name like TwitVid and you could come to the conclusion that they are somehow showing/pirating/someway using videos from TWiT. However, if you go to the site TwitVid.com, it is clearly associated with Twitter. From the logo, look and feel, text... more... - Joel Marcey

I'm with you Leo. - Oracio

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