Domain Containing Twitter? Legal?

[scribby]

Hi,
I'm going to be making a site that uses the twitter.com API to display some Twitter info... What I want to know is if I make this site can I buy a domain with the word Twitter in it without worrying about it being taken off me?

The site would be providing a service to twitter users...

Any advice would be great!

 

[shockie]

if you're buying a domain with the word "twitter" in it and the website will actually be about "twitter," then i think that would fall under trademark infringement. depending on how you play it you could walk out of it without getting sued though.

 

[flamewalker]

Simple... no. Making money from a tm is one of the worst things you can do in the tm world.

 

[scribby]

Simple... no. Making money from a tm is one of the worst things you can do in the tm world.

So if I didn't profit from the site at all then it wouldn't be bad? Reason I'm asking this is because I'm basically proving a service to twitter users such as MySpace layout sites do to MySpace users but people reg domains with MySpace in them so why would it be any different to a domain with Twitter in it?

 

[flamewalker]

That would be in your favor of coarse. That won't stop an overly aggressive TM owner from going after you. Do some homework. Use Google to find out if there are any other sites that use twitter in the name to provide a non-monetary service. Then, IMO, ask twitter themselves what their rules are, and what is/isn't allowed. If you aren't sure, ask. I wouldn't tell them that you have one, just t=make it a generic inquiry.

Sometimes it will be in their terms of service as well, so check that.

 

[Poptastique]

I suggest you find an original name that doesn't have anything to do with "Twitter", not only to avoid TM issues, but so you can make money and branch out to other social sites as well (if you choose to at some point).

 

[DeenaEsq]

I agree with the rest of the pack that registering anything with a trademarked name in it to use in a process that's involved with their service is going to cause problems. It's a HUGE likelihood of confusion problem. Besides, why bother if you're not going to make ANY money off of it at all? If you were going to try to claim a fair use, (which I would say isn't available in this situation) you'd have to make NO money off of it at all, no Google Ads, no clickthroughs, nothing. You're better off to stay away from it.

Just my $.02...

Deena
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[chain_reactor]

Not sure if I agree what is being said here!

Logically the company who could try to take legal action against you is Twitter. If you are not damaging their reputation then they probably wouldn't even consider legal action against you.

In the case that Twitter came after you for the domain, you could legally argue "Fair Use".

There are blatant videos on YouTube which rip off characters like Mario from Nintendo, but Nintendo would never try to sue them because that would turn out to be bad press on their end.

 

[HuntingMoon]

fair use does not seem to apply here. the minute you get a high ranking with your domain, you will get a nasty letter probably. a high ranking member of the company will see it and want that traffic back.

 

[chain_reactor]

I figured PayPal would have gone after paypalsucks.com then.

My personal thoughts are nothing is a problem in law until you get served

Might be a bad way to look at it but it's an interesting way to think!

 

[flamewalker]

And its a quick way to get a nasty letter... or a painful lawsuit.

You cannot make any money off a TM name and get away with it... so its not even worth trying. It can easily come bite you in the buttocks.

 

[Dave_Z]

My personal thoughts are nothing is a problem in law until you get served

Might be a bad way to look at it but it's an interesting way to think!

Yeah, and it's easy to tell others that if the complaining party is outside your
jurisdiction and you yourself have nothing to lose.

 

[Lalo]

I think its alright many do , its not like taking a twitter domain and parking it many twitter services i know use twitter or twitter like domains to provide services for twitter !