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Domain name with the word "tweet" in it?

Discussion in 'Legal Issues' started by Brian123, Apr 1, 2014.

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  1. #1
    If I registered a domain name with the word "tweet" in it (eg: tweetABC.com) - Would the twitter police be on my case?
     
    Brian123, Apr 1, 2014 IP
  2. samborfc1

    samborfc1 Active Member

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    #2
    I wouldn't think so, tweet was a word long before Twitter came along.

    Don't take my word for it though ;)
     
    samborfc1, Apr 1, 2014 IP
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  3. Agent000

    Agent000 Prominent Member

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    #3
    Agent000, Apr 6, 2014 IP
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  4. ryan_uk

    ryan_uk Illustrious Member

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    #4
    Actually, "it depends". You couldn't use it if you want to "cash in" on Twitter's success, whether that be a website about Tweeting, a service that competes or similar. But, you could create a website about bird tweets, for example.
     
    ryan_uk, Apr 6, 2014 IP
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  5. Omar t

    Omar t Peon

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    #5
    I would stay away from that , especially if your site is a social media site .
    Trust me you can find a better name without the headache . The guys who made twitter are humans , so are you ; so create something unique with a name you came up with .
     
    Omar t, Apr 10, 2014 IP
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  6. Sam42

    Sam42 Greenhorn

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    #6
    In many cases it might be really hard to prove that ‘tweet’ is exactly a trade mark. But I absolutely agree – if your website is social media related, it’s better to stay out and create something unique.
     
    Sam42, Apr 24, 2014 IP
  7. Agent000

    Agent000 Prominent Member

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    #7
    Nope. It freakin easy to prove its a trademark! Ever heard of trademark registration?
     
    Agent000, Apr 24, 2014 IP
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  8. ryan_uk

    ryan_uk Illustrious Member

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    #8
    That is ridiculous. In terms of social media, it is synonymous with Twitter and posts made to so-called "microblogging services". It is a very integral part of Twitter's identity. Just visit Twitter and see how Tweet is plastered everywhere, that they encourage you to Tweet, read Tweets, re-Tweet. Get it? They can't claim the word "tweet" entirely for themselves, but can in the way they use their trademark. In this way, it is very clearly a trademark for Twitter, demonstrated in the way they extensively use it in their service and identity.
     
    ryan_uk, Apr 24, 2014 IP
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  9. qwikad.com

    qwikad.com Illustrious Member Affiliate Manager

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    #9
    There was a post somewhere on DP with a link to a trusted source that clearly states that a dictionary, commonly used word can't be copyrighted or trademarked.

    Thank goodness we still can use face and book within our domain names too.

    By the way, why is nobody claiming this domain name: http://dumbtweets.com ? There are plenty of those on twitter! Let users submit dumb tweets they find on twitter - and boom! you've got yourself a business!
     
    qwikad.com, Apr 24, 2014 IP
  10. ryan_uk

    ryan_uk Illustrious Member

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    #10
    Anyone could really use any word as a trademark. Registration is another matter (although it is not required to register a trademark). Once registered, it becomes a registered trademark.

    Now, let's take an appropriate example ("Tweet") of a single dictionary word that is trademark:
    http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802:k642lv.3.42

    They are not a competing service to Twitter, though. See the "Goods and Services" part.
     
    ryan_uk, Apr 24, 2014 IP
  11. qwikad.com

    qwikad.com Illustrious Member Affiliate Manager

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    #11
    Actually, you're right. I was thinking of copyrighting, more than trademarking. But, yeah, what a crazy world we live in. I think I am going to trademark the word copyright.
     
    qwikad.com, Apr 24, 2014 IP
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  12. sumdor

    sumdor Active Member

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    #12
    Lolz. Yes,,it will be funny. But, not good for long term biz plan
     
    sumdor, Apr 25, 2014 IP
  13. ahsan karim

    ahsan karim Greenhorn

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    #13
    twitter may be trade mark but tweet is not a trade mark. You can use it i think so as a lawyer.
     
    ahsan karim, May 4, 2014 IP
  14. Agent000

    Agent000 Prominent Member

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    #14
    Bullshit. Did you not read this post above:
     
    Agent000, May 4, 2014 IP
  15. ineedfreedom

    ineedfreedom Active Member

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    #15
    i would steer clear of that one. lol
     
    ineedfreedom, May 4, 2014 IP
  16. dscurlock

    dscurlock Prominent Member

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    #16
    not entirely true, cant think of any right off hand, but I have seen cases were common words have been trademarked...

    Sure, go ahead and start your dumbtweets.com business....the moment it becomes a hit, and you think
    you are cashing in from here to the moon; Bad a$$ twitter will be coming to sue you and take it from you....
    why? because you would be profiting from their trademark; simple as that....
    they may not bother you if it goes no-where, but if it turns into a money-maker.....
    watch out, some little birdy will come take it from you....

     
    dscurlock, May 7, 2014 IP
  17. kartik786

    kartik786 Well-Known Member

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    #17
    Well I own Tweet.co.in and I purchased it after doing some research. At the time when I purchased it, twitter was very collaborative and encouraged apps that complimented twitter. their policy clearly stated that as long as it doesnt compete with twitter, they will not take action.
     
    kartik786, Jul 23, 2014 IP
  18. jedna

    jedna Peon

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    #18
    It all depends how you use it.
    If you do not use the domain at all it will be working against you.
    In many UDRP cases you can find that panelists very often treat unused domains as no legitimate interests in the domains.
    A company can have a trademark but it still does not mean that their trademark covers what you do on the domain.
    To sum up: you need to have a legitimate interest and do something on your domain which does not interfere with other company`s rights.
     
    jedna, Sep 10, 2014 IP
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