Legal action over name of app

Question

I have an app that has been on the App Store since 2008. It’s free with an in app purchase to remove ads— I keep the app updated mainly out of personal interest and loyalty to my users. I have received legal threats ( coming through Apple legal) from another entity that they own the copyright to the name of the app. The developer is a large corporation based out of Europe and clearly their motivation is to drive all apps with a similar name out of the App Store so that searching the App Store by name only returns their app. There is no overlap in what the apps do except they are in the same wide overall category.

I have no resources to fight this if it escalates to real legal action but it just irritates me being bullied.

It’s not clear to me what role Apple legal plays in this. They seem to act more like an observer than a judge in this situation.

Any advice would be welcome on how to deal with this.

App Store

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Posted by

loopless

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Answer 1

You are correct - Apple acts like an observer claiming they have 'no dog in that fight'. You could speak with a copyright/trademark attorney regarding the extent of the user's rights and how you could get around them. If it is copyright, their protection is somewhat limited. If it is trademarked, their rights are differently limited.

I am not sure that a title can be 'copyrighted' and if it canthen expllore whether something like "Copyrighted Name - the app" will not violate a copyright on "Copyrighted Name".

I suspect the name is trademarked. Here the question is whether your use of the trademark detracts from their investment in their trademarked name. For example "Apple Computer Company" (prior to the iPod) did not infringe the trademark of "Apple Records" because Apple Computer Company did not distribute music. But when they expanded to the iPod they had to resolve the potential infringement with the Apple Records trademark on "Apple" in the music industry.

It's complicated - speak to an attorney after clarifying whether the question is copyright or trademark or both.

Important aside:

>searching the App Store by name only returns their app

While the name of an app is available for all to see, it is altogether unclear whether adding a trademarked or copyrighted name to the keywords in the App Store search list is a violation of anything and it is even more unclear how anyone would ever know.

Posted by

PBK

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Answer 2

If someone owns the copyright/trademark, no one else is allowed to use that name.

If you have evidence of ownership, provide that to Apple.

If you don't, then you are obligated to stop using that name. That's how copyrights/trademarks work.

Apple owes it to the legal owner to demonstrate the same respect for the law as everyone else. Apple is -not- under any obligation to act as a judge.

Posted by

KMT

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Answer 3

You are correct - Apple acts like an observer claiming they have 'no dog in that fight'. You could speak with a copyright/trademark attorney regarding the extent of the user's rights and how you could get around them. If it is copyright, their protection is somewhat limited. If it is trademarked, their rights are differently limited.

I am not sure that a title can be 'copyrighted' and if it canthen expllore whether something like "Copyrighted Name - the app" will not violate a copyright on "Copyrighted Name".

I suspect the name is trademarked. Here the question is whether your use of the trademark detracts from their investment in their trademarked name. For example "Apple Computer Company" (prior to the iPod) did not infringe the trademark of "Apple Records" because Apple Computer Company did not distribute music. But when they expanded to the iPod they had to resolve the potential infringement with the Apple Records trademark on "Apple" in the music industry.

It's complicated - speak to an attorney after clarifying whether the question is copyright or trademark or both.

Important aside:

>searching the App Store by name only returns their app

While the name of an app is available for all to see, it is altogether unclear whether adding a trademarked or copyrighted name to the keywords in the App Store search list is a violation of anything and it is even more unclear how anyone would ever know.

Posted by

PBK

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Answer 4

> it is even more unclear how anyone would ever know.

My impression is the submittal bots run checks based on a list and flag apps before reaching the store. Of course only Apple knows what name strings are on that list, but I think FIFA & angry,birds are given. My experience is that such a list is not exactly exhaustive.

But if by 'anyone' you mean outside of AAPL, right...way too much fog of store.

Posted by

KMT

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Answer 5

If they hold a trademark to the name, you cannot use it. Period. The only way around is to prove that you were first in use and that means you will need to challenge their trademark. While Apple isn't your problem, it is the cost of fighting this.

As the holder of multiple trademarks, I will tell you defending them or challenging a registration after it's been registered is a very expensive ordeal. I would try to work out a deal with them before I went to court. On the other hand if I were them and held the trademark, I would fight tooth and nail to retain my rights at all cost.

Posted by

dpalme

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Legal action over name of app

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