Brewery Wants My Twitter Handle

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Twitter has provisions in its TOU regarding handles using trademarks. Your use of Schlenkerla is not necessarily a violation of Twitter's policy. However, Twitter allows trademark holders (and their agents) to file a complaint. Twitter may shut down your account if Schenkerla files a complaint. OTOH, there are certain "fair use" exceptions, and your use of the handle may fall under that and you'd get to keep the handle. This is somewhat similar to law regarding cybersquatting. Trademark law isn't clear-cut and there is lots of room for argument. All you can do is wait and see if Twitter takes down your account.

Note that Twitter expressly prohibits attempts to buy, sell, etc., a Twitter handle. However, you are free to give up the handle w/o compensation.

/IP attorney.
 
MaxStout said:
Twitter has provisions in its TOU regarding handles using trademarks. Your use of Schlenkerla is not necessarily a violation of Twitter's policy. However, Twitter allows trademark holders (and their agents) to file a complaint. Twitter may shut down your account if Schenkerla files a complaint. OTOH, there are certain "fair use" exceptions, and your use of the handle may fall under that and you'd get to keep the handle. This is somewhat similar to law regarding cybersquatting. Trademark law isn't clear-cut and there is lots of room for argument. All you can do is wait and see if Twitter takes down your account.

Note that Twitter expressly prohibits attempts to buy, sell, etc., a Twitter handle. However, you are free to give up the handle w/o compensation.

/IP attorney.
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Thanks. I've had it a long time. As long as I've been a home brew talk member. I got right when Twitter got started. I didn't get to squat on it like people do URLs.

I got it as a fan. Never thinking about money.
 
MaxStout said:
Twitter has provisions in its TOU regarding handles using trademarks. Your use of Schlenkerla is not necessarily a violation of Twitter's policy. However, Twitter allows trademark holders (and their agents) to file a complaint. Twitter may shut down your account if Schenkerla files a complaint. OTOH, there are certain "fair use" exceptions, and your use of the handle may fall under that and you'd get to keep the handle. This is somewhat similar to law regarding cybersquatting. Trademark law isn't clear-cut and there is lots of room for argument. All you can do is wait and see if Twitter takes down your account.

Note that Twitter expressly prohibits attempts to buy, sell, etc., a Twitter handle. However, you are free to give up the handle w/o compensation.

/IP attorney.
Click to expand...


Based on that, I would try to get something from the brewery before Twitter closes your account anyways. At least then you get something out of it, maybe.
 
I certainly wouldnt just give it to them. Ask them what their willing to give you. It neednt be money, perhaps a crate of beer for life/next x amount of years or something like that
 
If it's a trade name, won't they get it eventually? Best to get something from them for making it easy. Then you can be schlenkerla_number_one_fan. It something like that.
 
A somewhat well-known chef in London opened a couple of restaurants with a name that matched my Twitter handle. I never really used it, so I traded it for a $250 gift certificate. I was in London a few weeks later and it turned out that our waitress was the person I had been corresponding with.

$250 doesn't go very far at a nice restaurant in London.
 
MyQuL said:
I certainly wouldnt just give it to them. Ask them what their willing to give you. It neednt be money, perhaps a crate of beer for life/next x amount of years or something like that
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That sounds pretty good.....


ericbw said:
If it's a trade name, won't they get it eventually? Best to get something from them for making it easy. Then you can be schlenkerla_number_one_fan. It something like that.
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I like both of those ideas.

I told them to email me to keep it off Twitter.
 
Since it seems the name is almost exclusively a reference to that brewery, I can't see how you have more attachment to it than them. See if they'll send you a sampler of their beers and call it an even trade. The bottle on display would make a great conversation piece!

Unless you can swing a visit and get the whole VIP treatment. That would be cool!
 
Just keep in mind that whatever you ask for,, if they really want it, they're going to bounce that estimated cost against the cost to pay a lawyer for an hour or two to draft a trademark infringement letter to get Twitter to hand it to them. Asking them for a multi-thousand dollar vacation probably would exceed that cost.
 
Auger said:
Just keep in mind that whatever you ask for,, if they really want it, they're going to bounce that estimated cost against the cost to pay a lawyer for an hour or two to draft a trademark infringement letter to get Twitter to hand it to them. Asking them for a multi-thousand dollar vacation probably would exceed that cost.
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Don't lawyers get multi-thousands to pen a trademark infringement letter???
 
kh54s10 said:
Don't lawyers get multi-thousands to pen a trademark infringement letter???
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I guess it depends on the lawyer, but it's likely that a business that size retains their own legal counsel or even employs them directly so the marginal cost to draft a letter probably wouldn't be that great.
 
kh54s10 said:
Don't lawyers get multi-thousands to pen a trademark infringement letter???
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Auger said:
I guess it depends on the lawyer, but it's likely that a business that size retains their own legal counsel or even employs them directly so the marginal cost to draft a letter probably wouldn't be that great.
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That was SARCASM, son! ;)
 
kh54s10 said:
That was SARCASM, son! ;)
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59337640.jpg
 
passedpawn said:
I'd never fight it with a lawyer, but I'd let them think I would. I think a trip to Bamberg would be an equitable trade.

If they guy who STILL owns the www.nissan.com domain can do it, I think you can too.
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The difference being that the guy who owns nissan.com is actually named Uzi Nissan, and he was originally using that domain as a public face for his business.

In this case, the OP just grabbed that handle for funsies.

I say, like the others do, that you agree to give it to them in exchange for some token on their part, like a shipment of their beer and maybe some cool swag, or something.
 
MR2Aaron said:
The difference being that the guy who owns nissan.com is actually named Uzi Nissan, and he was originally using that domain as a public face for his business.

In this case, the OP just grabbed that handle for funsies.

I say, like the others do, that you agree to give it to them in exchange for some token on their part, like a shipment of their beer and maybe some cool swag, or something.
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That's what I was thinking...

I've tried to PM the owner in twitter, saying lets discuss via email, but he's never gotten back to me. It just asked him again.

It was like 2 years ago when the export manager at Wehenstephan asked me for it. Johannes Weiss - I'm paraphrasing the conversation. It went like this.

He asks me. "I see your not associated with the Schlenkerla Brewery. Would be willing to give up your twitter name?"

I said "Whats it worth to you?".

He replies back saying, "Oh didn't know you wanted to make money from it, I thought you were a fan and would be willing to give it to us. Will you give it to us?"

I reply back. "I am a fan. I never said I wanted money. I just asked what's it worth to you. Why are you asking and not Matthias?"

He replies. "I'm a friend of Matthias. The Schlenkerla is a small brewery and does not have much money. This would help their business. Will you give it to us or not?"

I reply back "If Matthias wants it maybe he should be contacting me himself.
Tell him to contact me"

​

So I keep taking pictures of my beers and posting them on twitter!! :D
 
Yea i think I'd just give it to them, while also giving your mailing adress and telling them how much of a fan you are. ;)
 
Apimyces said:
Yea i think I'd just give it to them, while also giving your mailing adress and telling them how much of a fan you are. ;)
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I assume that would be sar-casm..... :tank:

I'd probably settle for yearly swag and beer. I'm not giving it away. What are they going ask for next my HomeBrewTalk handle???

$hit I only took the name on Twitter and HBT because a rauchbier was my 2nd homebrew. :rockin:

Back in 2006 I was probably drinking one of those rauchbiers when I created both accounts.
 
Well, whatever you decide....I wouldn't be discussing here on a public forum. But that's just me. They might be following you here.
 
Brownalemikie said:
Well, whatever you decide....I wouldn't be discussing here on a public forum. But that's just me. They might be following you here.
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As my wife once called it ... snorking around, ear-dropping. :confused:

I said "Say what?" :D
English is her second or third language and her unfamiliarity with American slang can be hilarious at times.
 
Since you've been using that handle to interact on Twitter for such a long time, irrespective of the name, it has value to you since that's where friends/followers/etc. know you and it is your established identity on Twitter (unless you have several handles and are equally active with them). If I were you, I'd respond to them again to explain that since you have been conducting your Twitter activity and established yourself in that way for many years, it's valuable to you and very difficult to let go - that changing after relinquishing to someone else would create substantial inconvenience for you and you'd be letting something go that you are fond of, accustomed to, and did not think you'd be asked to give up. I'd go on to say that you are a human being and if you were prevailed upon or otherwise persuaded to give it to someone that it would be fair to get something to ease having to part with it it - just like a brewery expects to be paid for their product and pedigree when they sell beer.
And if you asked a brewery (or any business) to part with any of their intellectual property, they would only consider it if they were commensurately compensated - I feel like a personal Twitter handle that got active use for years by someone has value to them that anyone would cleave to, and rightfully so.

In this thread it does seem like you are not averse to the idea of giving it up. Maybe it isn't really as valuable or important to you as you might've thought - I think you should consider not what it's worth to them, but rather, what is it worth to you. And once you feel solid there, I'd explain that to them in those terms: that they're asking you to part with something you use and value and that you will part with it if you're compensated. If you're being totally honest with yourself on how much you value it, it should come naturally when you explain to someone else that wants it.
 
So you decided to use a company's name as your online handle, and now everyone is acting like this is some sort of winning lottery ticket to cash in? The name has only one common usage, as reference to that business.

It seems decent of them that they're asking politely rather than just lawyering up and booting you right off the bat. In so many of these stories the companies come off like jerks bullying a regular guy, but in this case it sure seems to be the opposite. "Send me yearly swag so I can let you use the handle with your name on it?"

This is just straight up cybersquatting and I'm surprised everyone is so gung ho supporting it.

adamyoung said:
And if you asked a brewery (or any business) to part with any of their intellectual property, they would only consider it if they were commensurately compensated - I feel like a personal Twitter handle that got active use for years by someone has value to them that anyone would cleave to, and rightfully so.
Click to expand...

His username IS their IP. Just because he's been using it for a long time without being shut down doesn't make it somehow his now
 
Before you get your handle taken away, I would just offer up for a tour of brewery and an evening of drinking and eating at their pub for your family. It would give you a reason to go Germany! :mug:
 
munche said:
So you decided to use a company's name as your online handle, and now everyone is acting like this is some sort of winning lottery ticket to cash in? The name has only one common usage, as reference to that business.

It seems decent of them that they're asking politely rather than just lawyering up and booting you right off the bat. In so many of these stories the companies come off like jerks bullying a regular guy, but in this case it sure seems to be the opposite. "Send me yearly swag so I can let you use the handle with your name on it?"

This is just straight up cybersquatting and I'm surprised everyone is so gung ho supporting it.



His username IS their IP. Just because he's been using it for a long time without being shut down doesn't make it somehow his now
Click to expand...

The owner asked me to give it up, I said let's talk. Via email, not on Twitter.

He has yet to reply even once. Either on Twitter or email. So I can't gauge his level of interest.

I never considered it as cybersquatting. I wanted to be anonymous on Twitter same with HBT.

Will homebrewtalk revoke this handle because they might want it too?
 

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