Questions regarding the Terms of Use

mihailescu_m · 2012-07-20T13:03:03.000Z

Hello,
I am really new to Twitter dev and have a few questions regarding the Terms of Use before registering my first application.
1.) I am 15 years old now, am I actually allowed to create applications? I could not find any information about this.
2.) Am I allowed to name my application “TweetMotion” as it contains the trademark “Tweet”?
3.) I want to do data-mining, for what I need to acces saved tweets. Am I allowed to store tweets (only text + geotag, no other nformation) in my private database? I understand that I must not give acces to this library to third partys.

Thak you very much in advance.

deancollins · 2012-07-20T13:40:19.000Z

I’ll answer point 2 for you.

Twitter will tell you thta the answer is no, you should not include the tm Twitter or Tweet in your application name and if they find this they will shut you down.

As Twitter is a closed ecosystem i’d advise you to follow their rules however… however…

If you could care less about twitter and have no reliance on their platform then i direct you to the following…

With regards to trademarks combined with other words in a url there have been a number of legal changes lately about the use of trademarks in domain names. This issue was litigated recently in Federal court (9th circuit) - Toyota Motor Sales, U.S.A., Inc. v. Tabari, 610 F.3d 1171 (9th Cir. 2010). (It is our understanding that this is the most current legal case on this issue) where the 9th Circuit noted that "the nominative fair use doctrine allows such a truthful use of a mark, even if the speaker fails to expressly disavow association with the trademark holder, so long as it’s unlikely to cause confusion as to sponsorship or endorsement. See [Playboy Enters., Inc. v.] Welles, 279 F.3d [796, 803,n.26].

This also doesn’t prevent anyone from registering the domain www.TwitterSucks.com or similar which has been a long standing position based on the Taubman Willow bend case 319 F.3d 770 (6th Cir. 2003)

But hey i’m not a lawyer and i dont even play one on TV so seek your own legal advise first. Just understand that Twitter WILL close down your app when they find it.

mihailescu_m · 2012-07-20T16:40:46.000Z

Thank you
After your clarification I will use another name.

cjmcguinness · 2012-07-20T17:42:19.000Z

I think you may be in error about not being allowed to use of the term “Tweet” in a name. In the page entitled “Twitter Trademark and Content Display Policy”, it gives guidelines about how to use the term Tweet in a product name. It also gives an email address to contact for information.

My reading (IANAL) is that TweetMotion would be fine, although you could not trademark it. But you can ask Twitter themselves.

dls2024 · 2012-07-25T16:49:48.000Z

I read the article about the Olympian booted before her game began because of her comment saying, "With so many Africans in Greece … at least the West Nile mosquitos will eat homemade food!!!,”

African Americans and minorites make racist comments about Caucasions frequently. Nor do I see you, Twitter, banning and posting their racist remarks. I feel you are banning more Caucasions from their remarks towards other groups, than you are African Amercians and minorities making racists remarks about Caucasions. Caucasions have rights, too. After all, if all races want to be treated equal, then please give them their equal treatment; that means banning and posting their racists remarks that they make on Caucasions. Lets treat the rule equally.

deancollins · 2012-07-25T16:55:45.000Z

Hey Ms WhitePower…it was the greek olympic commitee who expelled her, not Twitter.

Leave twitter out of this.