I'm being sued by Twitter!!

So not only are Twitter fighting battles with Russian hackers they are now fighting their own third party API developer community !!

I received this email 30 minutes ago stating that Twitter is suing me??


Basically they feel that my application - www.MyTwitterButler.com does the following.

1/ That anyone using the API to auto follow people are breaching the TOS??

2/ That no one can use the word “Twitter” in their domain

3/ That somehow people might be confused my application is related to twitter even though every page is labeled

“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??


Is this the end for Twitter 3rd party developers?

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?


I have asked Twitters lawyers for a conference call tomorrow to clear up ‘WHY’ they feel anyone using the twitter API to auto follow people is an illegal act and will be looking forward to their answers about ‘WHY’ the twitter API was built in the first place if they want to sue people for using it.



Please tweet out this link - http://www.mytwitterbutler.com/I%27m_Being_Sued/



Regards,

Dean Collins
dean@MyTwitterButler.com
+1-212-203-4357 New York
+61-2-9016-5642 (Sydney in-dial).
+44-20-3129-6001 (London in-dial).





FENWICK & WEST LLP

SILICON VALLEY CENTER 801 CALI FORN IA STREET MOUNTAIN VIEW, CA 94041

TEL 650.988.8500 FAX 650.938.5200 WWW.FENWICK.COM

August 11, 2009

KAREN WEBB

VIA CERTIFIED MAIL AND EMAIL



Dean Collins

Attn: MyTwitterButler.com


dean@cognation.net

Re: Infringement of Twitter, Inc.'s Trademark Rights

Dear Mr. Collins:

EMAIL KWEBB@FENWICK.COM

DIRECT DIAL (650) 335·7656



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.

Sincerely,

KAW