There were two eMail threads between Twitter and myself.
This is the second one. Read from bottom up.
This is the second one. Read from bottom up.
Lenny Barshack, Oct 23 11:14 am (PDT):
Hello Noirah,
I appreciate your reply.
However at this point, I feel like I keep asking the same question over and over and over, and you keep responding but not
answering me.
I understand and strongly respect your corporate policies, however at no point did I violate any of them, including
"Although Twitter firmly believes in the freedom of expression, impersonation that misleads, confuses, or deceives others is
against our Rules."
My point is very simple. When I copied the graphic from the web, there was no indication that it was trademarked or
registered.
There are several instances of the image on the web where there is no indication of registration.
If the image is indeed registered, they have an obligation to indicate this when using it.
None the less, as soon as you notified me that it might be trademarked, I removed it.
Please got the following website. You will see the image, but there is NO indication this this image is registered.
www.standard.net/topics/sports/2010/08/06/snowbasin-resort-doing-all-right-things
Of the following webiste of a local jeweler:
www.barrypeterson.com/products.cfm?categoryID=3&productID=8
Based on the above, it has always been my understanding the the image was associate with the TOWN, and available to
everyone to use.
While this might not be the case, once again, I NEVER took any action that could be interpreted as impersonation.
Read my tweets, it is clearly from an individual talking about an assortment of topics.
The name Sun Valley is not unique like Exxon or Coco-Cola, there are dozens of business with the name Sun Valley. It is also
my nickname. Sunvalley is a generic phrase -- there are multiple cities, companies, sports teams, etc., that use this phrase.
Sunvalley is not a unique brand. I could certainly understand this action much better if the handle was SunValleyCo,
SunValleyCompany, SunValleyCleaners, SunValleyHomes, SunValleyRugAndTile, or any of the other dozens of businesses
that bear the name SunValley.
I have used twitter for years in a 100% ethical manner.
Please return my Twitter handle to me, or contact me so we have a discussion.
Alternatively please provide me with a way to contact someone else in your organization who can address this matter.
Again, I appreciate your attention to this matter.
Lenny Barshack
Lenny@Q***n.com
208-726-7***
Never forget what a man says to you when he is angry. - Henry Ward Beecher
**********************************
noirah, Oct 23 09:54 am (PDT):
This is a follow-up to your previous request #6353166 "Hello, We have received ..."
Hello,
Although Twitter firmly believes in the freedom of expression, impersonation that misleads, confuses, or deceives others is
against our Rules.
For more information about Twitter’s Trademark Policy, please see:
http://support.twitter.com/articles/18367
Here is a copy of the report:
Reported Account: @sunvalley
Description: Using artwork from our trademarked Logo along with wrod mark of Sun Valley
Usage: Our company would like to use this username on Twitter.
Company name: Sun Valley Resort
Website: http://www.sunvalley.com
Trademarked word, symbol: Sun Valley Sun Logo
Registration number: 929749
Registration office: USPTO
Direct Link to Trademark Record (optional): http://tdr.uspto.gov/search.action?rn=929749#
Tell us about yourself: I am the trademark holder or authorized representative.
Full name: Rob Prew
Job title: IT/INteractive Director
Email address: rprew@sunvalley.com
Your relationship to the trademark holder: I work directly for the company that holds this trademark.
Street address: 1 Sun Valley Road, PO Box 10
City: Sun Valley
State/Province: ID
Postal code: 83353
Country: USA
Copy of Report: I understand that Twitter may provide third parties, such as the affected user, with a copy of this report.
Authority to Act: I am authorized to act on behalf of the trademark holder.
Anything else? (optional): Additional Trademark
http://tdr.uspto.gov/search.action?sn=85260154#
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 01.05.03 - Sun representing a human face or an animal
Serial Number 85260154
Filing Date March 7, 2011
Current Basis 1B
Original Filing Basis 1B
Published for Opposition January 17, 2012
Owner (APPLICANT) Sinclair Finance Company Corporation Wyoming CORPORATION WYOMING 550 East South Temple
Salt Lake City UTAH 84130
Attorney of Record John C. Stringham
Prior Registrations 2897067;3486335;3879686;AND OTHERS
Description of Mark Color is not claimed as a feature of the mark. The mark consists of a sun positioned above and to the right
side of the words "Sun Valley".
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE
Thanks,
noirah
Twitter Trust & Safety
Hello Noirah,
I appreciate your reply.
However at this point, I feel like I keep asking the same question over and over and over, and you keep responding but not
answering me.
I understand and strongly respect your corporate policies, however at no point did I violate any of them, including
"Although Twitter firmly believes in the freedom of expression, impersonation that misleads, confuses, or deceives others is
against our Rules."
My point is very simple. When I copied the graphic from the web, there was no indication that it was trademarked or
registered.
There are several instances of the image on the web where there is no indication of registration.
If the image is indeed registered, they have an obligation to indicate this when using it.
None the less, as soon as you notified me that it might be trademarked, I removed it.
Please got the following website. You will see the image, but there is NO indication this this image is registered.
www.standard.net/topics/sports/2010/08/06/snowbasin-resort-doing-all-right-things
Of the following webiste of a local jeweler:
www.barrypeterson.com/products.cfm?categoryID=3&productID=8
Based on the above, it has always been my understanding the the image was associate with the TOWN, and available to
everyone to use.
While this might not be the case, once again, I NEVER took any action that could be interpreted as impersonation.
Read my tweets, it is clearly from an individual talking about an assortment of topics.
The name Sun Valley is not unique like Exxon or Coco-Cola, there are dozens of business with the name Sun Valley. It is also
my nickname. Sunvalley is a generic phrase -- there are multiple cities, companies, sports teams, etc., that use this phrase.
Sunvalley is not a unique brand. I could certainly understand this action much better if the handle was SunValleyCo,
SunValleyCompany, SunValleyCleaners, SunValleyHomes, SunValleyRugAndTile, or any of the other dozens of businesses
that bear the name SunValley.
I have used twitter for years in a 100% ethical manner.
Please return my Twitter handle to me, or contact me so we have a discussion.
Alternatively please provide me with a way to contact someone else in your organization who can address this matter.
Again, I appreciate your attention to this matter.
Lenny Barshack
Lenny@Q***n.com
208-726-7***
Never forget what a man says to you when he is angry. - Henry Ward Beecher
**********************************
noirah, Oct 23 09:54 am (PDT):
This is a follow-up to your previous request #6353166 "Hello, We have received ..."
Hello,
Although Twitter firmly believes in the freedom of expression, impersonation that misleads, confuses, or deceives others is
against our Rules.
For more information about Twitter’s Trademark Policy, please see:
http://support.twitter.com/articles/18367
Here is a copy of the report:
Reported Account: @sunvalley
Description: Using artwork from our trademarked Logo along with wrod mark of Sun Valley
Usage: Our company would like to use this username on Twitter.
Company name: Sun Valley Resort
Website: http://www.sunvalley.com
Trademarked word, symbol: Sun Valley Sun Logo
Registration number: 929749
Registration office: USPTO
Direct Link to Trademark Record (optional): http://tdr.uspto.gov/search.action?rn=929749#
Tell us about yourself: I am the trademark holder or authorized representative.
Full name: Rob Prew
Job title: IT/INteractive Director
Email address: rprew@sunvalley.com
Your relationship to the trademark holder: I work directly for the company that holds this trademark.
Street address: 1 Sun Valley Road, PO Box 10
City: Sun Valley
State/Province: ID
Postal code: 83353
Country: USA
Copy of Report: I understand that Twitter may provide third parties, such as the affected user, with a copy of this report.
Authority to Act: I am authorized to act on behalf of the trademark holder.
Anything else? (optional): Additional Trademark
http://tdr.uspto.gov/search.action?sn=85260154#
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 01.05.03 - Sun representing a human face or an animal
Serial Number 85260154
Filing Date March 7, 2011
Current Basis 1B
Original Filing Basis 1B
Published for Opposition January 17, 2012
Owner (APPLICANT) Sinclair Finance Company Corporation Wyoming CORPORATION WYOMING 550 East South Temple
Salt Lake City UTAH 84130
Attorney of Record John C. Stringham
Prior Registrations 2897067;3486335;3879686;AND OTHERS
Description of Mark Color is not claimed as a feature of the mark. The mark consists of a sun positioned above and to the right
side of the words "Sun Valley".
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE
Thanks,
noirah
Twitter Trust & Safety
There were two eMail threads between Twitter and myself.
This is the second one. Read from bottom up.
This is the second one. Read from bottom up.