Twitter names.

[Theo]

hey Marc - I thought you left Florida.

How do you reconcile "generic use" with the granting of a US trademark?
In other words, doesn't Twitter Inc now possess full rights to the twitter mark with regards to the classes it was registered for, specifically for communication and social networks?

This fool here seems to believe that it's ok to register a couple of hundred twitter* derivatives to resell to unsuspecting twitter fans - who will eventually be clubbed upside the head with a C&D from Twitter Inc.

 

[marcorandazza]

Yes, I did leave Florida. I have to work on changing that signature.

And remember, I'm not saying it *is* generic, I'm just saying there is a theory supporting that conclusion. But, just because something is generic doesn't mean you can't get one past the USPTO goalie.

I do think you're right *and* wrong about the foolishness of registering a couple hundred twitter derivatives to sell to unsuspecting victims. Is it "foolish" to manufacture something from nothing (or from a simple registration fee) and then sell it to a sucker for a huge markup? It doesn't sound "foolish" to me. Unscrupulous, shady, underhanded, and slimy? All of those would apply... but a man who starts with $7.95 and ends with $100 is anything but a fool.

Now, will the purchasers get clubbed by Twitter? They might. It all depends on where their attention is focused. I happen to think that brand management is a priority for businesses. But, often my clients will put off brand management issues to handle actual exigent circumstances. But, eventually, Twitter's lawyers will advise them to start cleaning up the mess, and then the guy holding the bag will very likely lose his domain -- or if Twitter decides to get aggressive, they also lose between $1000 and $100,000.

That is -- unless they come up with a creative defense theory that sticks.

 

[Theo]

In other words, not only it's illegal but it's also unethical to act upon someone's trademark having profit in mind; especially when it's a global brand that is very distinctive. Now, isn't that the definition of cybersquatting?

 

[marcorandazza]

I would agree that it is clearly unethical.

I would say that it is most likely illegal.

 

[nameadvertising.com]

Marc,
You have to also consider that a majority of the names are selectively used to launch Twitter related services which Twitter itself encourages. I have myself received response from Twitter inc regarding the viability of my Tweet and twit names, which you see on my site and with no complaints.

I don't need to learn from any doof what TM law is. I only need to understand what an enforceable TM is. And I am ahead of this game.

I have 2 deals worth $15k for 2 'Tweet' names with a venture backed company out of Calif. And this fool calls me a Cybersquatter. There I said it again and this time, you have earned your title.

Acro, go preach your TM interpretation to the noobs. There is one joining DNF everyday.

 

[Theo]

You have quite the audacity to admit that actions which are characteristic of a cybersquatter are permissible "just because you did it".

Call me a fool, my friend. I will smarten up - but you're still a cybersquatter.

You seem to play by the old Spartan rule that a thief is not a thief unless he's caught. Well, Leonidas called and he said that a trademark thief lives only until the tm holder finds out.

Are you willing to take the ultimate challenge? Get Twitter Inc to buy your twitter violations.

 

[nameadvertising.com]

Acro, you are a moron. And an ignorant one at that. Plain and simple.

 

[Theo]

So, an IP attorney in this thread says that your actions are unethical and illegal, but I am a moron...

Sorry Chris, your arguments are weak. There is another thread on DNForum right now about "domainers" vs "cybersquatters" - want to educate us why you are a domainer and not a cybersquatter?

 

[nameadvertising.com]

Acro, you are losing sight of the context of the issue. Even Twitter does not call those who own Tweet and twit name as Cybersquatters.

Are you telling me all these companies launching Twitter api services are infringing on Twitter TM and are cybersquatters?

You are certainly lacking intelligence (far as this discussion is concerned) if not the capacity to forge a relentless last word battle.

 

[Theo]

Avoided my question again. An intellectual property attorney defined your acts as unethical and illegal. What do you respond with?

I am lacking intelligence? After reading some of the crap you've posted in the Wikipedia Cybersquatting thread, such as how you have no respect for the so-called big domainers, I believe that you're a wannabe poseur.

Bring forth some arguments, such as that you enjoyed the fact that you can get away with registering tm domains while the iron is hot, and you'll keep on doing this until Twitter turns the faucets off.

So, will you take up my challenge and offer Twitter your collection of trademark violations for a solid fee?

 

[mjnels]

Twitter is just another fad

kate you dork.. get with the times this aint 1995 anymore. twitter itself may die out (and especially the mundane ways people use it today) but if that happens some similar thing will replace it.

extra info: i myself am not a member or user of twitter, myspace, facebook, linkedin.. none of that stuff.

 

[nameadvertising.com]

"Sell the names to Twitter?..." - No wonder, I called you a "fool."

 

[Theo]

So, Chris. As an expert cybersquatter - selling domains that contain a company's registered trademark - what advice do you give to the fellow domainers here? Because the "big domainers" you despise so much are well aware of what to avoid; exactly what you've been doing.

What's embarrassing is not what you're doing, but the fact that you are in denial about it. I will recommend that you watch this video.

 

[nameadvertising.com]

Acro - You can bark your accusations all you want. You won't be successful in labeling me as a cybersquatter. Why don't you join CoTweet.com (TM) - StockTwits.com and countless Twitter apps and get in with the times you Dino.

Don't forget TweetDeck. It really helps you connect with the outside world beyond DNF.

I called you a fool already. I can't bestow upon you any more respect. You don't deserve any!

 

[Theo]

You're beating your own drums oh so nicely. I asked you to respond to Marc Randazza's statement that your actions are unethical and illegal: silence. I asked you to go ahead and offer these domains to Twitter as proof that you're not violating their mark: silence.

Now, all you've been doing is ripping off your shirt and calling me an idiot, a moron, a fool. I've been called worse names and I don't mind it when I know that I am right.

Respect from you, a cybersquatter? What good would that do me?

 

[nameadvertising.com]

I find no reference to where Marc called my actions as illegal or unethical. Besides, you don't get TM law in its essence. If Twitter does not find my names as infringement, there is no debate. You can call it 'rape' all you want, but if I slept with your sis and if she was consensual about it, there is no case. Maybe this example will get into your head.

 

[Theo]

You can call it 'rape' all you want, but if I slept with your sis and if she was consensual about it, there is no case. Maybe this example will get into your head.

That'd make us family; because I am fond of your mom and she loves it.

Now, back on subject: about Marc's comments, scroll up a bit, use the thing you call "mouse" and you will see it.

So, no matter how you want to twist it or tweet it etc. you're riding on the brand and trademark of another corporation. That makes you a) a cybersquatter and b) an underachiever

 

[nameadvertising.com]

Nope! You are wrong. You call it 'rape' and I keep telling you, your Sis don't think so. What will it take brother?

Only bigger fools than you at DNF give credence to your illegitimate bullshit.

By the way, I am reg about a 100 more Tweet names while you losers at DNF can spend time here arguing meaningless issues.

 

[Theo]

Ok Chris, you go ahead and do that. You are the smartest person in the world and one day you'll be in the news. Just like Bernie Madoff.

 

[nameadvertising.com]

You see Acro, your illogical, displaced statements just does not jibe well with the so called reputation you have acquired via your billion plus posts. You should stop talking. Your capacity to make reasonable connections to the point at hand has diminished greatly.

Get some sleep. It is past bed time in Acropolis.