Be careful when naming your Twitter application…

If you’ve built a third-party application for Twitter, you’ll want to think carefully about what you call it, following the company trademarking the term ‘Tweet’.

The official response has been posted on the Twitter blog by Biz Stone, after Robin Wauters highlighted the issue over at Techcrunch. The official announcement is:

‘We have applied to trademark Tweet because it is clearly attached to Twitter from a brand perspective but we have no intention of “going after” the wonderful applications and services that use the word in their name when associated with Twitter. In fact, we encourage the use of the word Tweet. However, if we come across a confusing or damaging project, the recourse to act responsibly to protect both users and our brand is important.

Regarding the use of the word Twitter in projects, we are a bit more wary although there are some exceptions here as well. After all, Twitter is the name of our service and our company so the potential for confusion is much higher. When folks ask us about naming their application with “Twitter” we generally respond by suggesting more original branding for their project. This avoids potential confusion down the line.’

Which is interesting from a marketing point of view – Twitter has namechecked and praised some of the great apps currently using the word ‘Tweet’, including Tweetdeck for example, and suggests it may only use the trademark to go other apps which try to pass themselves of as official, for example.

Then again, ‘to tweet’ or ‘I’ve just tweeted’ suggests common usage of the word as a verb anyway. I’d be interested in hearing from any legal experts about what that would mean for any trademark cases.

And Mark Evans points out that Tweet.com is currently a site claiming to be about birds.

So if you can’t use ‘Twitter’, and might want to stay away from ‘Tweet’, what about Twit?

Well, that could cause problems as well – Robert Scoble reports that Leo LaPorte has trademarked ‘Twit’ for his longrunning TWiT TV netcast network (It stands for This Week in Tech if you didn’t know, rather than being Twitter related, and is something I recommend having a listen to…). There’s a related Friendfeed discussion going on…

So you might want to steer clear of Twitter, Tweet and Twit.

There are obviously reasons why Twitter wants to maintain some clarity between company products and 3rd party applications – particularly when they might be launching more of their own for premium users. At the same time, the constant referrals to ‘Tweet’ and ‘Twit’ have definitely helped publicity and common usage of the parent service, as has the availability of such services.

At the same time, the generic terms aren’t as well used – for instance, microblogging. Which is a bit of a shame, given 140char’s ranking for the term ‘microblogging blog‘!

Personally, I’d recommend building your own brand name – it’s a long term win but means you aren’t tied to one service or risking trademark problems. The short term benefit of going for the most common Twitter terms is likely to be waning as so many exist, and you’ll be able to carve out your own niche.

Who will kill online newspapers first? Their subjects, or the lawmakers?

It could be a great time to run a newspaper soon, if Judge Richard Posner has his way.

He has suggested that linking to copyright material should be outlawed,

‘Expanding copyright law to bar online access to copyrighted materials without the copyright holder’s consent, or to bar linking to or paraphrasing copyrighted materials without the copyright holder’s consent . . .’

You can read his blog post, or the appropriate level of disbelief in Erik Schonfeld’s coverage, as he rightly points out this idea would outlaw public discourse, freedom of speech and fair use rights.

Jeff Jarvis mentions a column by Connie Schultz which proposes content would be available only on the originators website for the first 24 hours.

If either law ever came into existence, I have the perfect way to create a hugely successful news source.

Licence it all under Creative Commons.

While the rest of the newspaper sites are struggling to understand that they can’t coerce people into only linking to them in the correct, legal, or desired way, a Creative Commons site would clean up in inbound links and traffic until it was the only one standing!

What about when the subjects we cover start to control the news?

An interesting series of articles is just starting over on Nieman Journalism Lab, discussing what happens when Sports Leagues are able to become media moguls and control the news.

In the U.S., Major League Baseball has launched it’s own cable TV channel MLB Network, which is the focus of the first of the four part series.

But it isn’t just leagues that can afford TV which offer a threat.

It’s every organisation or business which is now able to reach consumers/fans directly via Facebook, Twitter, Email etc. All enabling them to reach an ever-increasing audience to distribute their beliefs, opinions and news.

Whether or not that content is well-received is another matter, but the simple fact is that it’s out there, and increasing daily. And will only increase for every bit of evidence that can indicate it’s more effective in driving transactional revenue than straight advertising.

Every media business needs to be planning for what happens if and when the subjects of your stories (and advertisers) start telling them for themselves.

Saturday link round-up

Some interesting links for the weekend:

London’s best free wi-fi hotspots – Timeout: The type of guide I kept meaning to find/write, and suddenly it appears!

Email is such a blunt tool – Neil Perkin: Neil not only writes consistently great posts but always seems to find the perfect images to illustrate them, along with brilliant visual presentations.

Social Media is good for you – Faster Future: Nice post from Dave Cushman as a counterpoint to the shock headline-grabbing about how Facebook/Twitter etc are replacing the other scourges of humanity – the radio, record player, television, video nasties, video games etc. See also my earlier post responding to the social networking health threat

Gordon Brown is apparently going to protect ‘high quality’ content on the internet – Cnet: For ‘high quality’, assume he means traditional media – and for how he’s going to protect it – he has no idea, or at least he isn’t telling anyone…

Swedish ISP won’t retain user data – Ars Technica: ‘Jon Karlung, the head of ISP Bahnhof, says that his company won’t turn over any user data to authorities because it refuses to keep any log files. That decision is legal—for now’. This is why I love the Swedes so much!

Awesome new Twitter plug-ins for WordPress

You may notice a new icon on every post. It comes from Dan Zarrella (@danzarella), who I continue to be hugely impressed by.

It started back in December when I spotted his interesting analysis of Retweeting, and I’ve followed his Tweetback project. But now he’s gone waaaaay further with the TweetSuite Plug-in for WordPress.

It includes:

  • Server-side (no-JS or remote calls) TweetBacks
  • ReTweet-This buttons for each TweetBack
  • A digg-like Tweet-This Button
  • Automatic Tweeting of new posts
  • A Most-Tweeted Widget
  • A Recently-Tweeted Widget
  • A My-Last-Tweets Widget
  • A My-Favorited-Tweets Widget

I’m using it here and on www.thewayoftheweb.net, and so far it’s been simple and easy to use, and has worked ‘out-of-the-box’.

Interestingly, there’s already an alternative to Tweetbacks – The Twittbacks WordPress Plugin created for Smashing Magazine by Joost de Valk. (He’s also on Twitter as @jdevalk)

One outcome of the two plugins is an interesting post by Jonathan Bailey on whether reproducing Tweets could lead to copyright problems.

In the meantime, I’m using TweetSuite, and so far I can highly recommend it – the only suggestion that immediately sprang to mind is that the icon might be better placed at the footer of a post rather than top left or right, but that’s a minor point!