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Twitter Attorney Says Resolution Close in Lawsuit Brought by Distributor

Canary Marketing sued the social media platform earlier this year, alleging that it failed to pay nearly $400K in invoices owed for branded merchandise.

An attorney for Twitter has said in a court filing that it’s close to “finalizing a resolution” with Canary Marketing (asi/156455) regarding the lawsuit that the promotional products distributor has brought against the social media platform.

Earlier this year, Canary Marketing sued Twitter in the Superior Court of California, alleging that the social firm had failed to pay $392,239 in invoices owed for branded merchandise.

lawsuit documents, gavel, pen

In a court filing dated March 13, Twitter attorney Jon Hawk said his client and Canary are close to resolving the matter but need more time. Hawk said the parties expect to have a resolution on or before April 20, at which time Canary would likely be in a position to “dismiss” its action.

Lauren Borelli Fitzgerald, described as a vice president at Canary Marketing in court documents, told ASI Media this week that the distributorship has been advised by counsel not to comment on the case at this time.

In court documents, Canary Marketing says it provided Twitter with more than $10 million worth of branded merch between 2013 and August 2022. There was never a problem with payment during that period, the filing says.

However, from September 2022 on, Twitter stopped paying its bills, Canary Marketing alleges.

Court records and media reports have indicated that unpaid-for items include a “swag gift box” for Elon Musk, the business magnate who bought Twitter last October. Items included a $689 bottle of Nikka Whisky with a one-location sandblasted logo and a $585 cheese board with one-location engraving.

Canary Marketing’s website indicates that it has offices in San Francisco, San Ramon, CA, and Portland, OR. Netflix, Google, Sephora, Fitbit, Kentucky Fried Chicken and Slack have been among the distributor’s clients.