Twitter orders app developer to cease and desist

Davey Winder
Wednesday, 12 August 2009 17:47

Your IT - Home IT

The developer concerned, Dean Collins, has complained that Twitter is now suing him saying "not only are Twitter fighting battles with Russian hackers they are now fighting their own third party API developer community".

"Have they forgotten that it was people like me who saw a need and built an application using the publicly defined Twitter API to add value to the Twitter ecosystem?" he asks, adding "I have asked Twitters lawyers for a conference call" to clear up amongst other things why "they feel anyone using the twitter API to auto follow people is an illegal act".

Twitter, on the other hand, has taken a slightly different approach than this response might suggest. It has issued the cease and desist letter on the grounds of "infringement of Twitter's trademark rights".

Karen Webb, representing Twitter, writes "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".

Webb continues "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".

So what is Twitter demanding Collins do? How about, with immediate effect, deactivate the MyTwitterButler.com website and transfer the MyTwitterButler.com domain to Twitter for starters?

It also asks Collins to comply with Twitter's TOS and rules (including stopping his aggressive
and automatic following and offering techniques and software for others to aggressively or automatically follow) and stop all use of the My Twitter Butler name.

So far at least, no other third party Twitter application developer has popped their heads up and claimed to have been in receipt of similar cease and desist legal warnings.