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18 January 2018Trademarks

Content distributor goes after Twitter trademark

Social media platform Twitter is facing a lawsuit for trademark infringement and breach of contract at the US District Court for the Northern District of California.

Twitter has come under fire for allegedly infringing a trademark owned by This Week in Tech ( Twit), a company that distributes videos and audio programmes online.

'Twit' is a registered trademark for use in connection with downloading and streaming visual and audio performances.

In March 2007, Evan Williams, one of the co-founders of Twitter, appeared on Twit’s “net@night” programme which Leo Laporte, the creator of Twit, was co-hosting.

During his appearance, Williams apparently recognised that there could be some confusion between the names of the two companies.

To overcome any issues, it was alleged Williams and Laporte, representing Twitter and Twit respectively, recognised and agreed to a basis of coexistence, “conditioned on each company continuing its own unique distribution platform”.

The claim alleged that, after reading press reports in 2009, Laporte feared that Twitter may expand beyond micro-blogging.

He expressed his concerns to Williams in a letter, stating that the use of the 'Twitter' trademark for the streaming of videos was problematic.

In a letter, which is attached to the claim, Williams responded by saying:  “Don’t worry: we’re not expanding to audio or video under the Twitter brand.”

The claim added that in May last year, Twit became aware that Twitter had plans to expand its use of the ‘Twitter’ trademark into streaming and downloading videos over the internet.

According to Twit, the parties tried and failed to informally resolve the dispute.

In the lawsuit, Twit claimed that Laporte’s letter and Williams’ response confirmed the “essential terms” of a written contract between the companies, and that this agreement had been breached.

Twit is seeking damages and a permanent injunction ordering Twitter to stop using its trademark in connection with the distribution of audio or video content.

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