uhoh. Deano’s gone and done it now:
This firm represents Twitter, Inc. (“Twitter”), owner of the TWITTER trademark and the popular social networking and micro-blogging website at www.twitter.com. We are contacting you regarding your violation of Twitter’s Terms of Service (“TOS”) and spam rules, and your infringement of Twitter’s trademark rights.
Twitter has recently become aware that you have registered and are using the MyTwitterButler.com domain, where you advertise and offer for sale the “My Twitter Butler” software that facilitates aggressive and automatic following to Twitter users. On your website you also claim to have used the same aggressive following techniques. This activity violates Twitter’s TOS and rules.
In addition to the above violations, you are also infringing on Twitter’s trademark rights by using the MyTwitterButler.com domain and the TWITTER trademark. As you are likely aware, Twitter’s extensive and widespread use of its TWITTER trademark provides Twitter with strong and defensible rights in the mark, and has caused the mark to become well-known, if not famous, in today’s online marketplace. Twitter owns trademark applications and registrations for its mark in the United States and numerous other countries for use in connection with its online services, which will provide Twitter with exclusive rights in the mark.
Twitter has expended significant time and financial resources to build up the considerable customer recognition and goodwill related to its valuable TWITTER mark. In addition, in order to protect its investment and valuable intellectual property rights in its trademark, Twitter is required to prevent others from infringing or diluting the value of its brand. In light of the importance and distinctiveness of the mark and the strength of Twitter’s legal rights to its valuable intellectual property, please be advised that Twitter is determined to take whatever steps are necessary to protect its rights in the mark.
Having said that, at this time, we are willing to assume that you did not choose to misuse Twitter’s trademark with the conscious intent of infringing Twitter’s rights or trading off of Twitter’s goodwill. Twitter is concerned, however, that your use of My Twitter Butler and the related domain may cause confusion in the marketplace by suggesting that you and your site are somehow affiliated with Twitter, or are endorsed, sponsored, or approved by Twitter, which would result in an infringement of Twitter’s valuable trademark rights.
In light of the above, we must demand that you immediately:
1. deactivate the MyTwitterButler.com website;
2. transfer the MyTwitterButler.com domain to Twitter;
3. comply with Twitter’s TOS and rules, which includes stopping your aggressive and automatic following and offering techniques and software for others to aggressively or automatically follow; and
4. stop all use of the My Twitter Butler name, the TWITTER mark, or any other name, logo, or domain name that includes TWITTER or any confusingly similar term.
Please respond to me no later than August 24, 2009, to confirm that you have complied with these demands and to obtain domain transfer instructions. Twitter is hopeful that this matter can be resolved quickly and amicably. If, however, you do not comply with these requests, Twitter will be forced to consider suspending your Twitter accounts and take such steps as it deems necessary to protect its intellectual property rights.
We look forward to hearing from you.
Dean is in Sydney for the next three hours.
Odd thing is, he doesn’t do anything more than a lot of other services do. And really a lot less aggressively. And his website has
Copyright 2009 © My Twitter Butler – Not related in anyway to Twitter Inc, if I owned Twitter would i be spending my time building this app??
on the bottom. So not sure what Twitter are thinking…. ? My, we hand over a lot of power to our social network hosts, dont we?
What’s the chances of Twitter (and Facebook, which refuses ads with Facebook or FB in them) understanding the eco-system of developers, documenters, trainers, and consultants any time soon? Is MyTweetButler really that much better than MyTwitter Butler for all concerned? Does Microsoft developers allow their developers to put Microsoft on their products? Or Windows – should it say TwitterCompliantButler instead of MyTwitterButler ?