TWiT’s Trademark Lawsuit Against Twitter Sent Back to the Drawing Board

The popular and long-running show “This Week in Tech,” commonly called TWiT, sued Twitter. TWiT provides audio and video content branded under the TWiT trademark. It alleges that Twitter’s offering of video services and content under the TWITTER brand infringes on TWiT’s trademark rights. Twitter argued that its mark had become incontestable so it could not infringe, but the court does not reach this argument. Instead, the court says that TWiT “does not sufficiently identify Twitter’s allegedly infringing conduct.” It dismisses the claim for trademark infringement with leave to amend. The court also rejects TWiT’s contract claims based on Twitter’s assurances made to TWiT’s founder on a TWiT episode and several years later via email. Evan Williams, one of Twitter’s founders, appeared on TWiT’s “net@night” in March 2007. TWiT argued that the parties entered into an oral coexistence agreement…

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