According to a post on its company blog, Twitpic which has been around since 2008 is shutting down after due to trademark issues with Twitter.
The company explained the situation and the back story on its blog post:
“”Twitpic will be shutting down September 25th. You will be able to export all your photos and videos. We’ll let everyone know when this feature is live in the next few days.
This is an unexpected and hard announcement for us to make and we want to lay out what led us to this decision.
A few weeks ago Twitter contacted our legal demanding that we abandon our trademark application or risk losing access to their API.
This came as a shock to us since Twitpic has been around since early 2008, and our trademark application has been in the USPTO since 2009.
Here is some backstory on the history of our trademark:
We originally filed for our trademark in 2009 and our first use in commerce dates back to February 2008 when we launched. We encountered several hurdles and difficulties in getting our trademark approved even though our first use in commerce predated other applications, but we worked through each challenge and in fact had just recently finished the last one.
During the “published for opposition” phase of the trademark is when Twitter reached out to our counsel and implied we could be denied access to their API if we did not give up our mark.
Unfortunately we do not have the resources to fend off a large company like Twitter to maintain our mark which we believe whole heartedly is rightfully ours.
Therefore, we have decided to shut down Twitpic.
On a personal note I (@noaheverett) want to thank you for letting us be a part of your life and helping you share your experiences over the past 6 years, it’s truly been an honor.
I have learned so much through running Twitpic over the years. Through the many mistakes I’ve made and lessons learned, to the bad days and the great days.
Thank you again everyone…I will miss and cherish the days of Twitpic we had together.””
Why would they shut it down? Why not give up the mark and do a re-brand? I don’t get it.
Threatened with the loss of the API revealed to them just how vulnerable they are? What happens if Twitter decides they don’t like the new brand? If not now…then in another 5 years? What about if Twitter decides to offer the exact same service and simply shuts down access to the API for them anyway?
What if they have bigger ideas in mind that an outright separation from Twitter is their best legal recourse?
Because the business probably isn’t doing that well, anyway. TwitPic and similar services have been doing a slow fade ever since Twitter added its own built-in image hosting.
TwiitPic probably wasn’t going to make it. Shutting down now this way is just them taking one last spiteful jab at Twitter.
It seems like they have been trying to sell TwitPic for many years and possibly have run out of money to support the company. This has been an ongoing issue with Twitter for many years so it’s nothing new.
Many say this is an easy way out for TwitPic and instead of declaring failure they get to push the entire blame on Twitter. I don’t think this is the end of the story. This is probably a play to quickly dump the company and get out as much as they can.
change the brand and monetize the service so, if Twitter sues them, they will have the money to pay an army of lawyers
“an army of lawyers” I always shiver when I hear this expression. The truth is, Courts do not care about an “army of lawyers” The Court cares about the law, and if ONE lawyer knows the law and can present it proper, an “army of lawyers” will make no difference. I know of pro se litigants winning their cases against “armies of lawyers. It seems people like Amazing Domains has a false belief that a “army of lawyers” will automatically suffice. I heard this on the Google Plus/ Googabox case as well. It should not be about “armies of lawyers” it is about right or wrong. Large Corporations should not be allowed to oppress because they have more money, Court generally honor this. I believe if Twitpic was before Twitter and can prove it they should not give up their mark and go to Court. It sounds like Twitter is committing EXTORTION here by threatening tem with API should they continue to compete with the Twitpic mark. Take Twitter to Court if you believe you are in the right. The law is clear on extortion, it’s a federal crime.