Apple Keyword Meta Data Question

If your original intent/distribution plan was based on leveraging those keywords, you may simply have to face the reality that name search is all you have.

Law, not rule, is you can't use trademarks, brands, copyrighted names, etc. that you do not own. See the App Store Review Guidelines 2.3.7 [ Accurate Metadata], and your Developer Program Agreement.

You have a trademark issue with these terms. And use as a term in a search engine is considered use in commerce. One possible avenue is to include a clear disclaimer in your app that your app is not KenKen or Sudoku (etc.) which are registered trademarks of others and should not be considered any of those trademarked games. Then argue to App Review that you are not infringing the trademark rights of the owners of the trademarks because you do not "cause a likelihood of confusion about product source, or affiliation"

App Review will most likely not buy this nuanced argument but it's worth a try.

I understand the legitimacy of not having a trademarked term in the title of my app, but some of these trademarked terms are now generic and need to be released.

For example Sudoku. Do you know ANY OTHER NAME for this type of puzzle. Does anyone? Probably not. It is now generic and needs to be released from trademark.

You can challenge any trademark at the US Patent and Trademark Office. I suspect Apple will accept your keywords once your challenge is successful. But your use of the term 'generic' may be incorrect Trademark law both in terms of its accuracy and implication.

So I did a small bit of non-lawyer research on this question and have a different take. But beware.....'non=lawyer' means that this opinion is worth what you are paying for it.

Your claim that the trademark for Sudoku is not valid because of - 'do you know of any other name for this type of puzzle' - is exactly wrong. The fact that you know of no other name supports the trademark claim. So move on.

To be guilty of trademark infringement the trademark owner must also show:

1. the trademark is used in commerce in connection with the sale of goods or services, and
2. the use of the trademark causes a likelihood of confusion about product source or affiliation

Case law has determined that the use of a trademarked term as a key word in a search engine is 'use in commerce'. So move on.

But in what way is your use causing a 'likelihood of confusion about product source or affiliation'? If the user is directed to your app and your app CLEARLY states something like "this app is not Sudoku(TM)" and at the bottom "Sudoku is the trademark of XYZ" then you might not (again - non-lawyer opinion) be infringing, or at least you can certainly make such a claim.

So, add something to your app to differentiate you from the trademarked term and avoid any such confusion about product source or affiliation. Then appeal to App Review stating that your use of a trademarked keyword is not a violation of trademark because there is no likelihood of confusion about product source or affiliation. Even better - consult a lawyer and get an opinion letter and submit that to App Review.

Good luck. Tell us what happens.

Ok then when you search sudoku exactly ONE app should appear. The trademarked version or none at all.

Come on, man. I wasn't going to respond to any of this, expecially since I am obviously not pursuing it any further than this message board.

But according to your definition then NO ONE should be able to search any 'trademarked' keyword.

Want to play chess. You get one chess game. Or None. Or 400 games that say they are not chess but actually are.

And in your world, everyone will trademark every keyword and the app store will show one app per search. Pay to play.

And what is going to happen? I am going to take out all the keywords like they ask, like I always do, and have the app approved and bite my ******.

So now I need to wheedle my way throughb one giangtic beauracracy (Apple) to get the app approved.

Another behemoth to get paid (Google Admob)

And now a third trademark entity all to make 50 cents.

I understand the trademark law, but the real world application of it in todays digital world needs to be rewritten (just like Ayn Rands philosophy is great in theory for the time period when she compsoed the novel, but ludicrious in todays globally connected digital economy)

And now I have fallen far astray of the original point, making this into a reddit-type off the topic bonaza.

You miss read my second post.

Let me respond point by point:

> Ok then when you search sudoku exactly ONE app should appear. The trademarked version or none at all.

Correct - unless my comments (second post) above are correct, or App Review let other apps go through, or the other apps have permission from the trademark holder. But I think my comments above are correct. Reread them.

>But according to your definition then NO ONE should be able to search any 'trademarked' keyword.

Nope, reread what I wrote. I gave you a pathway to use a trademarked term in the search. But if that pathway is not followed, then correct! That's why it's called 'intellectual property'. No one should be allowed to drive my car or use my trademarks.

>Want to play chess.

"chess" is not trademarked. But imagine you made a GREAT app with a NEW game called BazooTa. Everyone was using it. I made a crap app and called it BazoDaDa and used BazooTa as a search term. Would you be upset that all kinds of people looking for your great game found my crap game and decided this whole Bazo craze was a waste of time. That's a little far fetched - but if you want a really good Band Aid don't use an adhesive bandage from CVS. And that law applies.

>everyone will trademark...

You can't trademark every word. You can only trademark a term that was not commonly used and that you now use to commercialize something - that means the only reason it will be a good search term is because of your efforts. You deserve to benefit from those efforts - or better - if you can benefit from such efforts you will put in such efforts to create value. That's why we have trademarks. If you don't like that then cry in a Kleenex brand tissue - they are softer then ordinary tissues - unless someone sells you a different brand when you are 'searching' for Kleenex.

>Ayn Rands philosophy is great in theory

No it's not. It fails to benefit from cooperative efforts. Trademarks and patents and copyrights put into law such cooperative efforts but people, working together, can create trusting relationships that overwhelm any advantage of Ayn Rand philosophy.