Can I use "Twitter" and "tweet" in a song?
I've written a song called "Twitter (Love Stalker)" and I use the words "tweet, tweet" in the lyrics. Would this be considered a trademark infringement? Do I need the owners of Twitter's permission? I noticed that Chris Brown wrote a song with "Twitter" in it but I'm not sure if it was released or if he had any legal issues with it. Please advise and thanks.
Attorney answers (3)Reputation Level 18
Answered over 2 years ago.
Intellectual Property Law Attorney in Sacramento, CA.
Use this link to view the court decision instead: http://bit.ly/9Gpe9
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Reputation Level 20
Answered over 2 years ago.
Intellectual Property Law Attorney in Los Angeles, CA.
Your song (or a novel) can incorporate a trademarked product (or a celebrity's name) without violating anyone's rights. Someone owns the trademarks to Twitter and Tweet, and they could prevent you from using those marks on a competitive product or on some product likely to confuse consumers, but the rightsholders don't have a monopoly on the use of the words, and your song isn't likely to confuse anyone.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. 1 person marked this answer as good
Reputation Level 18
Answered over 2 years ago.
Intellectual Property Law Attorney in Sacramento, CA.
No one can answer your question w/o evaluating the content of your song. I strongly suggest that you read the following court decision that discusses these issues and then speak to an intellectual property attorney before you release your song w/that title: http://bit.ly/nbahk
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