watch out !

[britishbulldog]

Facebook are on a C&D spree,so if you have any facebook domains,put privacy on fast........

 

[GUA]

Oh dear... Privacy does nothing as registrars are obligated to provide your information in c&ds

 

[britishbulldog]

Oh dear... Privacy does nothing as registrars are obligated to provide your information in c&ds

yeah but they have to get a court order as far as i am aware otherwise we would all be doing it and getting other peoples info.....

 

[Theo]

facebook, myspace, twitter, etc. All trademarks.

 

[britishbulldog]

facebook, myspace, twitter, etc. All trademarks.

Yep true but they still need a court order to access the data....... right ?

 

[katherine]

Yep true but they still need a court order to access the data....... right ?

Most registrars will happily lift privacy if they feel the heat. A C&D should be enough to get the job done.

 

[Theo]

Yep true but they still need a court order to access the data....... right ?

The WHOIS info? All a registrar needs is a C&D - GoDaddy will comply AND charge the domain owner a $29.95 fee.

 

[Stephe]

The WHOIS info? All a registrar needs is a C&D - GoDaddy will comply AND charge the domain owner a $29.95 fee.

How does GoDaddy get away charging a $29.95 fee to the domain owner; what is it even for?

 

[Soofi]

C&D!!.. surrender the domain name or just drop it, why ask for more trouble when you have been really playing with their trademark?

 

[vistaxie]

seems tweet is not a trademark right?

 

[BidNo]

seems tweet is not a trademark right?

It was turned down for tm status.

 

[Theo]

It was turned down for tm status.

A trademark does not have to be registered in order to be claimed as such.

However, there are no less than 5 registered trademarks for "Tweet" in the USPTO. Look it up.

 

[BidNo]

There's little black and white in TM law and less so when applied to domains. My reference was to this article

Now if only Twitter could claim the word “tweets” as its own.

Blogger Sam Johnston on Wednesday revealed the U.S. Patent and Trademark Office apparently denied Twitter’s application for a trademark on the word “tweet.”

Headed to USPTO now....

Tweet.me???

 

[Theo]

Actually, there is a non-final decision on the application, as seen here.
This is common, when not all supporting documentation is provided or if more info is requested.

In particular, the USPTO response notes the following:

OFFICE ACTION


TO AVOID ABANDONMENT,THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.

ISSUE/MAILING DATE: 7/1/2009


The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

PRIOR PENDING APPLICATION

The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no similar registered mark that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d). However, marks in prior-filed pending applications may present a bar to registration of applicant’s mark.

The filing dates of pending Application Serial Nos. 77695071, 77697186, and 77701645 precede applicant’s filing date. See attached referenced applications. If the marks in the referenced applications register, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks. See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced applications.

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.

Action on this application will be suspended pending the disposition of Application Serial Nos. 7769507, 77697186, and 77701645 upon receipt of the applicant’s response resolving the following.

IDENTIFICATION OF SERVICES FOR INTERNATIONAL CLASS 38

The identification of services is indefinite and must be clarified because the type of telecommunication services must be specified. See TMEP §1402.01. Applicant may adopt the following identification, if accurate:

Telecommunication services, namely, __________ [please specify type (e.g. transmission of web casts)]; telecommunications services, namely, providing online and telecommunication facilities for real-time interaction between and among users of computers, mobile and handheld computers, and wired and wireless communication devices; enabling individuals to send and receive messages via email, instant messaging or a website on the internet in the field of general interest; providing on-line chat rooms and electronic bulletin boards for transmission of messages among users in the field of general interest; providing an online community forum for users to share information, photos, audio and video content about themselves, their likes and dislikes and daily activities, to get feedback from their peers, to form virtual communities, and to engage in social networking, in International Class 38.

Please note that the services in International Classes 41 and 45 are acceptable as written in the application.

Identifications of goods and/or services can be amended only to clarify or limit the goods and/or services; adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.

There are 3 pending marks that precede Twitter's application:

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77695071
http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77697186
http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77701645

These applications are for TweetMarks, CoTweet and tweetPhoto. It's clear that they are not distinct applications for "Tweet" but contain the string and are applied for the same classes as Twitter's application, hence the issue. Was Twitter, Inc. slow in applying for a mark? Absolutely. Are they entitled to the mark? Of course they are. There will be lots of lawyer negotiations and potentially lawsuits in order to settle this.

 

[adityas]

The WHOIS info? All a registrar needs is a C&D - GoDaddy will comply AND charge the domain owner a $29.95 fee.

Spot on......

Also, may it be facebook or microsoft, they always went after names with their TM's in them, but at times, they are more aggressive.

Turning your privacy on may postpone the inevitable by like 3-4 hours and cost you some money, but nothing more....


Thanks for the heads up anyway.....your intention appreciated OP