Sam Johnston › Comments

Jesse Stay
Twitter Grows “Uncomfortable” With The Use Of The Word Tweet In Applications -
Twitter Grows “Uncomfortable” With The Use Of The Word Tweet In Applications
The worst part of this is that the trademark filing was only this past April. I am not sure if they will be able to use it against applications built prior to the filing. If they do attack apps like TweetDeck and Tweetie, then it will become obvious that they do not like their developers. - Rob Diana
tweet is what birds do... lol :o) - Rob Sellen :o)
According to Leo Laporte Twitter doesn't even own the registered trademark for Twitter. Sounds like Twitter needs to decide *what* their trademark actually is. But yes, they have to defend it once they decide that. - Jesse Stay
and your trademark doesn't have to be registered to exist - just has to be defended and identify your brand - Jesse Stay
Am I just imagining things, or as recently as month or so ago weren't Ev, Biz, et al pretty much refusing to use the word "tweet". I always got the impression they were embarrassed by it. - Ken Sheppardson
Does Twitter even have a General Counsel? - Jesse Stay
You know, come to think of it, I don't remember even seeing "Tweet" being used until TweetDeck came about. Maybe the Trademark more rightfully belongs to TweetDeck? - Jesse Stay
Twitter has clarified their stance. - Pat Hawks
But you're right about the TweetDeck thing - Pat Hawks
Pat that's what I'm saying - Twitter probably has no right to the registered trademark either - Jesse Stay
But strange trademarks are registered all the time. It would take lots of time and money to go to court and see what a judge would say. - Pat Hawks
TweetDeck has some money - they could defend it, and seek damages as well - Jesse Stay
Where's Iain Dodsworth on all this? Does he have any thoughts? - Pat Hawks
Doesn't have to be a made up word to be a trademark. Just has to be distinctive in that industry, right? - Pat Hawks
Owens-Corning has trademarked the color pink - Pat Hawks
Regardless, I don't think Twitter wants to go down this road. - Rahsheen
Okay. I'm going to chime in here. For a short while after college, I worked as a private investigator (yes, seriously) at a firm and we investigated trademarks. Pat and Sean are right; it has to be distinctive to that industry. In case you were wondering, my job was to privately seek out registered/filed TMs to see if that was indeed the case. - Tamar Weinberg
Tamar that's awesome (you being a P.I.) I'm now imagining you in a Detroit Tigers hat. :-) So who has more right to the "Tweet" claim - TweetDeck or Twitter? - Jesse Stay
Sean that's a different Trademark - that's when used in that manner in a song. Trademark has to be specific to your industry, as Tamar says. - Jesse Stay
Jesse, I'm no lawyer; I simply did research and compiled legal reports. However, TweetDeck existed BEFORE the trademark was filed so chances are Twitter would NOT be able to usurp the name from them. - Tamar Weinberg
I'm pretty sure TweetDeck was using the term, "Tweet" before anyone else, even Twitter. I think they claim right to it more than anyone. - Jesse Stay
Jesse, yes, I think they probably legally can. If you can show it has existed prior to the trademark filing, the new trademark owner probably will not be able to enforce it. One of the questions I asked when I investigated trademarks was when the product/service was first used. "First use" needs to be shown in the trademark app. The TWEET trademark filing by Twitter does not show a "first use" date, which is interesting. - Tamar Weinberg
I think Twitter may be able to enforce that nobody uses the word "Tweet" from the time that Twitter filed the trademark app and onward, but it would not be ethical nor would it be legally enforceable, I believe, to force people to get rid of the names they'd been using forever PRIOR to the filing. - Tamar Weinberg
p.s. if you're curious, the trademark serial number is 77715815. You can also access it here: The link in the TC comments doesn't quite work. - Tamar Weinberg
Tamar, very interesting - I wonder if TweetDeck could sue Twitter now on basis of prior art - Jesse Stay
I would argue I started using the term, "Tweet" because of TweetDeck, not Twitter. People have come to use it due to the use of the most popular Twitter client, not Twitter itself. I "Tweet" through TweetDeck. Everywhere else I just "Twitter". - Jesse Stay
This is all beyond what I ever did -- it's definitely interesting. If Twitter threatens TweetDeck, they (TweetDeck) may have a leg to stand on. To be honest, I'd really need to find out if Twitter could actually *get* a trademark given that the word "Tweet" is so ubiquitous and relates to products that have been on the market prior to the filing. I really have no idea if the US... more... - Tamar Weinberg
I don't think TweetDeck just pulled "tweet" out of thin air, did they? TweetDeck came out in July 2008, but the term was already widely used by then. - Ken Sheppardson
I'd actually encourage any and all companies using the phrase Tweet to file a Notice of Opposition against the trademark. - Tamar Weinberg
Ken, I wonder who the first to use "Tweet" is. Tamar, agreed - if I had "Tweet" in my name I'd be talking to my lawyer right now. The notice is probably pretty standard and most likely only an hour or two of work you'd pay for. - Jesse Stay
FWIW, they only filed for the TM. They haven't been granted it yet. Maybe they won't be given the circumstances. - Tamar Weinberg
It's looking a lot like they won't get it, ironically thanks to trademarks their own developers have applied for: - Sam Johnston
Twitter's "Tweet" Trademark Torpedoed: - Sam Johnston
Jonathan Schofield
rev=canonical bookmarklet and designing shorter URLs -
rev=canonical is fundamentally broken ( try rel=shortlink for a sensible alternative ( - Sam Johnston
Daniel Andrlik
Really wish urllib2 supported the "PUT" and "DELETE" methods. Oh well, httplib it is.
Ditto - Sam Johnston
Other ways to read this feed:Feed readerFacebook