Reposted from DLA Piper’s Media & Sport Group Bulletin

Editorial Team: Nick FitzpatrickDuncan Calow and Patrick Mitchell

The social networking site brings action against Twittad, an online advertising service, for use of the trademark “Let Your Ad Meet Tweets” in a battle to win trademark registration of the term “tweet”.
 
Twittad, a provider of online advertising was  granted registration of the mark LET YOUR AD MEET TWEETS in 2008. However, in a move to claim “tweet” as its own, Twitter has filed a complaint with the United States District Court in Northern California for the cancellation of Twittad’s registration.
 
Giving its reasons for bringing the action, Twitter stated that Twittad’s use of the mark  “exploits the widespread association by the consuming public of the mark TWEET with Twitter and threatens to block Twitter from its registration and legitimate uses of its own mark.”
The lawsuit argues that “tweet” became widely adopted by consumers and media outlets to refer to Twitter immediately after its launch. Prior to this, “tweet” was not generally known to the consuming public beyond its dictionary meaning and had no association with web-based social networking and communications services.

The social networking site brings action against Twittad, an online advertising service, for use of the trademark “Let Your Ad Meet Tweets” in a battle to win trademark registration of the term “tweet”.

Twittad, a provider of online advertising was  granted registration of the mark LET YOUR AD MEET TWEETS in 2008. However, in a move to claim “tweet” as its own, Twitter has filed a complaint with the United States District Court in Northern California for the cancellation of Twittad’s registration.

Giving its reasons for bringing the action, Twitter stated that Twittad’s use of the mark  “exploits the widespread association by the consuming public of the mark TWEET with Twitter and threatens to block Twitter from its registration and legitimate uses of its own mark.”

The lawsuit argues that “tweet” became widely adopted by consumers and media outlets to refer to Twitter immediately after its launch. Prior to this, “tweet” was not generally known to the consuming public beyond its dictionary meaning and had no association with web-based social networking and communications services.