October 11, 2011 (Mountain View, CA) - Jedediah Wakefield, Chair of the Trademark Litigation Group, and Karen Webb, associate in the Intellectual Property Group of Fenwick & West, recently represented Twitter in its first trademark lawsuit. The settlement in this case was profiled in the Law360 story "Twitter Strikes Deal with App Maker in 'Tweet' Mark Fight."
The case of Twitter Inc. v. Twittad LLC marks the first trademark battle for Twitter, with the social media giant filing suit against Twittad in September. The trademark suit claimed that Twittad's use of the word 'tweet' in their trademarked phrase "Let Your Ad Meet Tweets" was blocking Twitter's own registration of the word.
While Twitter did not own the rights to tweet, they argued that the phrase is widely used in association with the site, and had no prior association with other social media. Twitter also argued that Twittad's trademark was preventing them from establishing their own trademark for this phrase so closely associated with the site.
After repeated unsuccessful attempts by Twitter to settle the matter out of court, a settlement has finally been reached. While the terms of the settlement were not disclosed, the two sides are said to have come to an amicable resolution of this dispute.
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