PHOTO: Twitter elements. Surprising rejection

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Lisa-Blue
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Posted Sun Mar 17, 2013 9:22AM
Hi


I've received this surprising rejection for me:


++Twitter elements


This file includes content that may be subject to copyright or trademark protection.
Certain use of this file creates risk of copyright/trademark infringement and we regret that it cannot be accepted,
unless this content is removed from the file.



tweet



So I did a research and I've found recent non editorial files with the same sketched theme.


I know... I'm going to scout but the last time I did it I've never received any answer.


What do you think about this rejection?

(Edited on 2013-03-17 09:24:43 by Lisa-Blue)

(Edited on 2013-03-17 12:02:50 by kelvinjay)
pixelfit
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Posted Sun Mar 17, 2013 10:39AM

The bird looks to much to the real one, and that's is the reason mentioned above. This kind of drawings are always hard for inspections/acceptions. You can try scout. Yes, there are some similar accepted already, and it's hard when you (me) have this kind of rejections, and maybe that's why I very rarely try some similar drawings.


Good luck.
Difydave
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Posted Sun Mar 17, 2013 10:44AM

Only opinion, but those birds look very "Twitterbird-ish" to me, particularly as they're going "Tweet" and there are people using computers (from what can be seen from the thumb) which puts them in context as well. Lets admit it, what does anyone who sees this think of? Sorry, but I think the rejection is correct in this case.


 
slobo
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Posted Sun Mar 17, 2013 10:54AM

From Twitter / Logo & Brand


Twitter’s marks include, but are not limited to, the Twitter name, logo, Tweet, Twitter bird, and any word, phrase, image, or other designation that identifies the source or origin of any of Twitter’s products.


Make sure that if mentioning "Tweet," you include a direct reference to Twitter (for instance, "Tweet with Twitter") or display the Twitter brand or trademarks with the mention of "Tweet."
kelvinjay
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Posted Sun Mar 17, 2013 12:05PM
I'd say the bird design, wording and context of them all together make this unlikely to be suitable for RF licensing. You can try Scout for official clarification.
donald_gruener
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Posted Mon Mar 18, 2013 11:40AM
I agree that this was properly rejected, sorry. You can try Scout but I would say it's highly unlikely this would be overturned.

I personally would not be fighting for the right to license an image which comes so dangerously close to infringing on a trademark.
slobo
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Posted Tue Mar 19, 2013 9:48AM
Posted By donald_gruener:

I personally would not be fighting for the right to license an image which comes so dangerously close to infringing on a trademark.


I see it as a direct infringing based on the information from their site Twitter / Logo & Brand:




Make sure that if mentioning "Tweet," you include a direct reference to Twitter (for instance, "Tweet with Twitter") or display the Twitter brand or trademarks with the mention of "Tweet."
donald_gruener
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Posted Tue Mar 19, 2013 10:19AM
Indeed. I highly suspect Twitter would see it that way as well.
Beano5
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Posted Tue Mar 19, 2013 5:51PM
I would think the similar ones in the search that you found will probably all end up deactivated sooner or later.
Susan_Stewart
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Posted Wed Mar 20, 2013 12:03AM
This amuses me, as the original twitter bird could not properly be called a logo at all as it was an istock image (drawn by simonox), so twitter could not claim sole rights in it at all. And presumably that was why they redrew it a couple of years later.

(Edited on 2013-03-20 00:03:48 by Susan_Stewart)
Whiteway
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Posted Wed Mar 20, 2013 1:30AM
Posted By slobo:
Make sure that if mentioning "Tweet," you include a direct reference to Twitter (for instance, "Tweet with Twitter") or display the Twitter brand or trademarks with the mention of "Tweet."

Everything in context, n'est ce pas? Take these 2010 lyrics:

Tweet tweet,
tweet tweet tweet t-t-tweet tweet,
tweet tw' tweet t-t-tweet tweet,
tweet t-tweet tweet tweet...
tweet..tweet..tweet..tweet..tweet..tweet.tweet.tweet..


So, what if the OP gets permission from Eliza Doolittle (what a name for a performance artiste) to incorporate those lyrics along with suitable bird images (that don't look like rip-offs from Twitter)?
slobo
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Posted Wed Mar 20, 2013 10:35AM
Posted By Whiteway:

Posted By slobo:
Make sure that if mentioning "Tweet," you include a direct reference to Twitter (for instance, "Tweet with Twitter") or display the Twitter brand or trademarks with the mention of "Tweet."


Everything in context, n'est ce pas? Take these 2010 lyrics:

Tweet tweet,
tweet tweet tweet t-t-tweet tweet,
tweet tw' tweet t-t-tweet tweet,
tweet t-tweet tweet tweet...
tweet..tweet..tweet..tweet..tweet..tweet.tweet.tweet..


So, what if the OP gets permission from Eliza Doolittle (what a name for a performance artiste) to incorporate those lyrics along with suitable bird images (that don't look like rip-offs from Twitter)?

just to clarify, I only quoted Twitter Logo & Brand Rules which does not represent my views. I am surprised as well that they can put a claim on a common word?
kelvinjay
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Posted Wed Mar 20, 2013 11:36AM
Looks like the OP has had their question answered.

Scout can offer a 2nd official opinion if required.
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