[android-developers] Re: Another developer has published an app using the EXACT same name as mine

2010-09-16 Thread DanH
And it should be noted, for other developers, that having any bit of
"nonsense" in the name strengthens your claim to it.  Eg, calling it
"ICE: In Case of Emergency XL" would be much better, since it would be
hard for someone to argue that the "XL" was generic.  (Of course, "XL"
doesn't really fit the "tone" of the app here, but you get the idea.)

On Sep 15, 1:36 pm, DanH  wrote:
> The distinction between what can be trademarked and what can't is a
> fuzzy area.  Generally, the more specialized the market, the less
> "original" the trademark needs to be.  "ICE: In Case of Emergency"
> would, eg, almost certainly not be judged to be a trademark that would
> allow the presumed holder for a phone app to claim infringement for,
> say, a device that stores emergency info in the refrigerator.  But
> when one narrows the field down to phone apps, and then further
> narrows the field down to Android, and then further goes back in
> history a year or two to when Android was new and the total number of
> apps as small (such that this particular app would be relatively well
> known in the Android community) then the strength of the trademark
> increases.
>
> On Sep 14, 9:07 pm, Chris Stratton  wrote:
>
> > I suspect the pattern of
>
> > ABBREVIATION: Same Spelled Out
>
> > is too generic for an unoriginal abbreviation already in common use to
> > be able to trademark it - just moving an existing idea to android
> > shouldn't create new legal territory any more than moving one from
> > bricks & mortar to the internet, but who knows... the legal system
> > hasn't completely grasped that one yet either.
>
> > JP wrote:
> > > Consider a DMCA takedown notice. I am sure applicable forms and how-to
> > > instructions are readily available in the Interwebs. Fill out, send to
> > > the operator of Android Market, hope for the best. The operator of
> > > YouTube is dealing with this on a daily basis.
>
> > > On Sep 14, 12:02 pm, Flying Coder  wrote:
> > > > Hi Dan,
> > > >     Thanks for the feedback.  The app is "ICE: In Case of Emergency"
> > > > and has been published on the Market since Feb 09 (at the time, it was
> > > > the only ICE app for Android).  Its currently one of the top-rated
> > > > paid apps in the Health category. Its such a common phrase, that I
> > > > wasn't expecting to be able to Trademark it, but I did expect the
> > > > Market to require competitors to use names that were at least a LITTLE
> > > > different.
>
> > > >     I discovered the copycat today when I got an email requesting
> > > > technical support from someone who thought they had purchased my app,
> > > > when in fact they had purchased the copycat's.
>
> > > > Cheers,
> > > > Steve
>
> > > > On Sep 14, 1:58 pm, DanH  wrote:
>
> > > > > Do you have the app name trademark protected?
>
> > > > > If you have been using the app name for some time (how long "some" is
> > > > > depends) then you could claim it as your trademark.  Simplest way to
> > > > > do this is to simply place (tm) after the name.  It's not nearly as
> > > > > good as a registered trademark, but it carries some weight.
>
> > > > > However, once a copycat has jumped on the name, it's harder to claim
> > > > > your trademark, especially if you haven't used it very long.
>
> > > > > And in any event you have to hire your own lawyer to go after the
> > > > > copycat, and if he's in another country things get dicey real
> > > > > quickly.  (However, not vigorously defending your trademark against a
> > > > > copycat causes you to lose any rights you do have very quickly.)
>
> > > > > Do go to some effort (eg, preserve letters/invoices/etc) to establish
> > > > > your "priority" on the name, so that a year from now the other guy
> > > > > can't come along and sue YOU for trademark infringement.
>
> > > > > (And it's probably worth the effort to send the other guy a cease-and-
> > > > > desist letter.  Probably would do no good, but it's cheap.)
>
> > > > > I suppose if someone duplicates a name in the Android store then you
> > > > > may have some recourse with store management, but it would be purely
> > > > > at their discretion, especially given how hard it is to find a unique
> > > > > name anymore.
>
> > > > > (I wonder how many here even know how to copyright their work?)
>
> > > > > On Sep 14, 12:41 pm, Flying Coder  wrote:
>
> > > > > > Surely, this can't be allowed, can it?  What recourse do I have?
>
> > > > > > Thanks,
> > > > > > Steve

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[android-developers] Re: Another developer has published an app using the EXACT same name as mine

2010-09-15 Thread DanH
The distinction between what can be trademarked and what can't is a
fuzzy area.  Generally, the more specialized the market, the less
"original" the trademark needs to be.  "ICE: In Case of Emergency"
would, eg, almost certainly not be judged to be a trademark that would
allow the presumed holder for a phone app to claim infringement for,
say, a device that stores emergency info in the refrigerator.  But
when one narrows the field down to phone apps, and then further
narrows the field down to Android, and then further goes back in
history a year or two to when Android was new and the total number of
apps as small (such that this particular app would be relatively well
known in the Android community) then the strength of the trademark
increases.

On Sep 14, 9:07 pm, Chris Stratton  wrote:
> I suspect the pattern of
>
> ABBREVIATION: Same Spelled Out
>
> is too generic for an unoriginal abbreviation already in common use to
> be able to trademark it - just moving an existing idea to android
> shouldn't create new legal territory any more than moving one from
> bricks & mortar to the internet, but who knows... the legal system
> hasn't completely grasped that one yet either.
>
> JP wrote:
> > Consider a DMCA takedown notice. I am sure applicable forms and how-to
> > instructions are readily available in the Interwebs. Fill out, send to
> > the operator of Android Market, hope for the best. The operator of
> > YouTube is dealing with this on a daily basis.
>
> > On Sep 14, 12:02 pm, Flying Coder  wrote:
> > > Hi Dan,
> > >     Thanks for the feedback.  The app is "ICE: In Case of Emergency"
> > > and has been published on the Market since Feb 09 (at the time, it was
> > > the only ICE app for Android).  Its currently one of the top-rated
> > > paid apps in the Health category. Its such a common phrase, that I
> > > wasn't expecting to be able to Trademark it, but I did expect the
> > > Market to require competitors to use names that were at least a LITTLE
> > > different.
>
> > >     I discovered the copycat today when I got an email requesting
> > > technical support from someone who thought they had purchased my app,
> > > when in fact they had purchased the copycat's.
>
> > > Cheers,
> > > Steve
>
> > > On Sep 14, 1:58 pm, DanH  wrote:
>
> > > > Do you have the app name trademark protected?
>
> > > > If you have been using the app name for some time (how long "some" is
> > > > depends) then you could claim it as your trademark.  Simplest way to
> > > > do this is to simply place (tm) after the name.  It's not nearly as
> > > > good as a registered trademark, but it carries some weight.
>
> > > > However, once a copycat has jumped on the name, it's harder to claim
> > > > your trademark, especially if you haven't used it very long.
>
> > > > And in any event you have to hire your own lawyer to go after the
> > > > copycat, and if he's in another country things get dicey real
> > > > quickly.  (However, not vigorously defending your trademark against a
> > > > copycat causes you to lose any rights you do have very quickly.)
>
> > > > Do go to some effort (eg, preserve letters/invoices/etc) to establish
> > > > your "priority" on the name, so that a year from now the other guy
> > > > can't come along and sue YOU for trademark infringement.
>
> > > > (And it's probably worth the effort to send the other guy a cease-and-
> > > > desist letter.  Probably would do no good, but it's cheap.)
>
> > > > I suppose if someone duplicates a name in the Android store then you
> > > > may have some recourse with store management, but it would be purely
> > > > at their discretion, especially given how hard it is to find a unique
> > > > name anymore.
>
> > > > (I wonder how many here even know how to copyright their work?)
>
> > > > On Sep 14, 12:41 pm, Flying Coder  wrote:
>
> > > > > Surely, this can't be allowed, can it?  What recourse do I have?
>
> > > > > Thanks,
> > > > > Steve

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[android-developers] Re: Another developer has published an app using the EXACT same name as mine

2010-09-15 Thread Flying Coder

@Dan:  thanks for the advice and link -- I will check it out.

@Martin: thanks for the feedback.  It is very frustrating the Market
allows this issue to crop up.  At one time at least, I believe it did
require apps to have unique names.  btw, I still owe you that write-up
-- sorry, I've side-tracked with other things lately.

@Metal Mikey:  Thanks for the support!

@JP: thanks, I will look into the DMCA takedown notice.

All the best,
Steve

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[android-developers] Re: Another developer has published an app using the EXACT same name as mine

2010-09-15 Thread ko5tik
Quick search in european trademark register shows me that there are
606 hits on "ICE" -
so probably you have no way to trademark it.

On Sep 14, 9:02 pm, Flying Coder  wrote:
> Hi Dan,
>     Thanks for the feedback.  The app is "ICE: In Case of Emergency"
> and has been published on the Market since Feb 09 (at the time, it was
> the only ICE app for Android).  Its currently one of the top-rated
> paid apps in the Health category. Its such a common phrase, that I
> wasn't expecting to be able to Trademark it, but I did expect the
> Market to require competitors to use names that were at least a LITTLE
> different.

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[android-developers] Re: Another developer has published an app using the EXACT same name as mine

2010-09-14 Thread metal mikey
Also worthwhile to name-and-shame any imagination-defunct, whack, and
moronic developers that can't come up with their own ideas let alone
their own App title. In this case I assume the rightful "owner" of
'ICE: In Case of Emergency' is Appventive (with 5000 to 1
downloads)...

While the pathetic developer is: nattayb (with 50 to 100 downloads)

Interestingly, nattayb has another App in the Health category at the
same price as the imposter App and with the same icon, titled
'Emergency Information ICE' (with 500 to 1000 downloads). Likely the
same App, in which case nattayb is spamming Android Market.

Users should not put trust in developers that behave like this, while
the developer community should treat such developers with disdain, and
Google should ban the accounts of spammers.



On Sep 15, 10:59 am, JP  wrote:
> Consider a DMCA takedown notice. I am sure applicable forms and how-to
> instructions are readily available in the Interwebs. Fill out, send to
> the operator of Android Market, hope for the best. The operator of
> YouTube is dealing with this on a daily basis.
>
> On Sep 14, 12:02 pm, Flying Coder  wrote:
>
>
>
> > Hi Dan,
> >     Thanks for the feedback.  The app is "ICE: In Case of Emergency"
> > and has been published on the Market since Feb 09 (at the time, it was
> > the only ICE app for Android).  Its currently one of the top-rated
> > paid apps in the Health category. Its such a common phrase, that I
> > wasn't expecting to be able to Trademark it, but I did expect the
> > Market to require competitors to use names that were at least a LITTLE
> > different.
>
> >     I discovered the copycat today when I got an email requesting
> > technical support from someone who thought they had purchased my app,
> > when in fact they had purchased the copycat's.
>
> > Cheers,
> > Steve
>
> > On Sep 14, 1:58 pm, DanH  wrote:
>
> > > Do you have the app name trademark protected?
>
> > > If you have been using the app name for some time (how long "some" is
> > > depends) then you could claim it as your trademark.  Simplest way to
> > > do this is to simply place (tm) after the name.  It's not nearly as
> > > good as a registered trademark, but it carries some weight.
>
> > > However, once a copycat has jumped on the name, it's harder to claim
> > > your trademark, especially if you haven't used it very long.
>
> > > And in any event you have to hire your own lawyer to go after the
> > > copycat, and if he's in another country things get dicey real
> > > quickly.  (However, not vigorously defending your trademark against a
> > > copycat causes you to lose any rights you do have very quickly.)
>
> > > Do go to some effort (eg, preserve letters/invoices/etc) to establish
> > > your "priority" on the name, so that a year from now the other guy
> > > can't come along and sue YOU for trademark infringement.
>
> > > (And it's probably worth the effort to send the other guy a cease-and-
> > > desist letter.  Probably would do no good, but it's cheap.)
>
> > > I suppose if someone duplicates a name in the Android store then you
> > > may have some recourse with store management, but it would be purely
> > > at their discretion, especially given how hard it is to find a unique
> > > name anymore.
>
> > > (I wonder how many here even know how to copyright their work?)
>
> > > On Sep 14, 12:41 pm, Flying Coder  wrote:
>
> > > > Surely, this can't be allowed, can it?  What recourse do I have?
>
> > > > Thanks,
> > > > Steve- Hide quoted text -
>
> - Show quoted text -

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[android-developers] Re: Another developer has published an app using the EXACT same name as mine

2010-09-14 Thread Chris Stratton
I suspect the pattern of

ABBREVIATION: Same Spelled Out

is too generic for an unoriginal abbreviation already in common use to
be able to trademark it - just moving an existing idea to android
shouldn't create new legal territory any more than moving one from
bricks & mortar to the internet, but who knows... the legal system
hasn't completely grasped that one yet either.



JP wrote:
> Consider a DMCA takedown notice. I am sure applicable forms and how-to
> instructions are readily available in the Interwebs. Fill out, send to
> the operator of Android Market, hope for the best. The operator of
> YouTube is dealing with this on a daily basis.
>
>
> On Sep 14, 12:02 pm, Flying Coder  wrote:
> > Hi Dan,
> >     Thanks for the feedback.  The app is "ICE: In Case of Emergency"
> > and has been published on the Market since Feb 09 (at the time, it was
> > the only ICE app for Android).  Its currently one of the top-rated
> > paid apps in the Health category. Its such a common phrase, that I
> > wasn't expecting to be able to Trademark it, but I did expect the
> > Market to require competitors to use names that were at least a LITTLE
> > different.
> >
> >     I discovered the copycat today when I got an email requesting
> > technical support from someone who thought they had purchased my app,
> > when in fact they had purchased the copycat's.
> >
> > Cheers,
> > Steve
> >
> > On Sep 14, 1:58 pm, DanH  wrote:
> >
> > > Do you have the app name trademark protected?
> >
> > > If you have been using the app name for some time (how long "some" is
> > > depends) then you could claim it as your trademark.  Simplest way to
> > > do this is to simply place (tm) after the name.  It's not nearly as
> > > good as a registered trademark, but it carries some weight.
> >
> > > However, once a copycat has jumped on the name, it's harder to claim
> > > your trademark, especially if you haven't used it very long.
> >
> > > And in any event you have to hire your own lawyer to go after the
> > > copycat, and if he's in another country things get dicey real
> > > quickly.  (However, not vigorously defending your trademark against a
> > > copycat causes you to lose any rights you do have very quickly.)
> >
> > > Do go to some effort (eg, preserve letters/invoices/etc) to establish
> > > your "priority" on the name, so that a year from now the other guy
> > > can't come along and sue YOU for trademark infringement.
> >
> > > (And it's probably worth the effort to send the other guy a cease-and-
> > > desist letter.  Probably would do no good, but it's cheap.)
> >
> > > I suppose if someone duplicates a name in the Android store then you
> > > may have some recourse with store management, but it would be purely
> > > at their discretion, especially given how hard it is to find a unique
> > > name anymore.
> >
> > > (I wonder how many here even know how to copyright their work?)
> >
> > > On Sep 14, 12:41 pm, Flying Coder  wrote:
> >
> > > > Surely, this can't be allowed, can it?  What recourse do I have?
> >
> > > > Thanks,
> > > > Steve

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[android-developers] Re: Another developer has published an app using the EXACT same name as mine

2010-09-14 Thread JP

Consider a DMCA takedown notice. I am sure applicable forms and how-to
instructions are readily available in the Interwebs. Fill out, send to
the operator of Android Market, hope for the best. The operator of
YouTube is dealing with this on a daily basis.


On Sep 14, 12:02 pm, Flying Coder  wrote:
> Hi Dan,
>     Thanks for the feedback.  The app is "ICE: In Case of Emergency"
> and has been published on the Market since Feb 09 (at the time, it was
> the only ICE app for Android).  Its currently one of the top-rated
> paid apps in the Health category. Its such a common phrase, that I
> wasn't expecting to be able to Trademark it, but I did expect the
> Market to require competitors to use names that were at least a LITTLE
> different.
>
>     I discovered the copycat today when I got an email requesting
> technical support from someone who thought they had purchased my app,
> when in fact they had purchased the copycat's.
>
> Cheers,
> Steve
>
> On Sep 14, 1:58 pm, DanH  wrote:
>
> > Do you have the app name trademark protected?
>
> > If you have been using the app name for some time (how long "some" is
> > depends) then you could claim it as your trademark.  Simplest way to
> > do this is to simply place (tm) after the name.  It's not nearly as
> > good as a registered trademark, but it carries some weight.
>
> > However, once a copycat has jumped on the name, it's harder to claim
> > your trademark, especially if you haven't used it very long.
>
> > And in any event you have to hire your own lawyer to go after the
> > copycat, and if he's in another country things get dicey real
> > quickly.  (However, not vigorously defending your trademark against a
> > copycat causes you to lose any rights you do have very quickly.)
>
> > Do go to some effort (eg, preserve letters/invoices/etc) to establish
> > your "priority" on the name, so that a year from now the other guy
> > can't come along and sue YOU for trademark infringement.
>
> > (And it's probably worth the effort to send the other guy a cease-and-
> > desist letter.  Probably would do no good, but it's cheap.)
>
> > I suppose if someone duplicates a name in the Android store then you
> > may have some recourse with store management, but it would be purely
> > at their discretion, especially given how hard it is to find a unique
> > name anymore.
>
> > (I wonder how many here even know how to copyright their work?)
>
> > On Sep 14, 12:41 pm, Flying Coder  wrote:
>
> > > Surely, this can't be allowed, can it?  What recourse do I have?
>
> > > Thanks,
> > > Steve

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[android-developers] Re: Another developer has published an app using the EXACT same name as mine

2010-09-14 Thread DanH
Of course, it's not so much a matter of getting him to pay up as it is
to get him to stop using the name.  The threat of financial penalties
can be used as a club, but if he changes the name of his app (and
maybe places a "not related to ICE: In Case of Emergency" disclaimer
in his promo text) that should be sufficient.  (This is, BTW, what a
"cease and desist" letter is about -- quit doing what you're doing.
It's not about claiming damages, even though damages may be alluded
to.)

On Sep 14, 7:35 pm, mot12  wrote:
> I talked to a lawyer for similar reasons (someone used my name on a
> different platform). Given the popularity of your app, if the other
> guy hasn't been using this name before, you have a very clear case
> even without a trademark. But it costs money. A C&D letter can easily
> be $1000 and if the copycat doesn't cough up the money, you will have
> to pay the lawyer.
>
> But I would send a strongly worded letter to the developer first.
>
> Here's the thing though: While the law is clearly on your side (that's
> what my lawyer said), it is a whole different story to recover the
> money. If he doesn't pay after the C&D, you need to go to court and
> things become expensive then.
>
> Martin
> Gentle Alarm

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[android-developers] Re: Another developer has published an app using the EXACT same name as mine

2010-09-14 Thread mot12
I talked to a lawyer for similar reasons (someone used my name on a
different platform). Given the popularity of your app, if the other
guy hasn't been using this name before, you have a very clear case
even without a trademark. But it costs money. A C&D letter can easily
be $1000 and if the copycat doesn't cough up the money, you will have
to pay the lawyer.

But I would send a strongly worded letter to the developer first.

Here's the thing though: While the law is clearly on your side (that's
what my lawyer said), it is a whole different story to recover the
money. If he doesn't pay after the C&D, you need to go to court and
things become expensive then.

Martin
Gentle Alarm

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[android-developers] Re: Another developer has published an app using the EXACT same name as mine

2010-09-14 Thread DanH
Here's some info:  http://www.nolo.com/legal-encyclopedia/article-29902.html

On Sep 14, 2:02 pm, Flying Coder  wrote:
> Hi Dan,
>     Thanks for the feedback.  The app is "ICE: In Case of Emergency"
> and has been published on the Market since Feb 09 (at the time, it was
> the only ICE app for Android).  Its currently one of the top-rated
> paid apps in the Health category. Its such a common phrase, that I
> wasn't expecting to be able to Trademark it, but I did expect the
> Market to require competitors to use names that were at least a LITTLE
> different.
>
>     I discovered the copycat today when I got an email requesting
> technical support from someone who thought they had purchased my app,
> when in fact they had purchased the copycat's.
>
> Cheers,
> Steve
>
> On Sep 14, 1:58 pm, DanH  wrote:
>
> > Do you have the app name trademark protected?
>
> > If you have been using the app name for some time (how long "some" is
> > depends) then you could claim it as your trademark.  Simplest way to
> > do this is to simply place (tm) after the name.  It's not nearly as
> > good as a registered trademark, but it carries some weight.
>
> > However, once a copycat has jumped on the name, it's harder to claim
> > your trademark, especially if you haven't used it very long.
>
> > And in any event you have to hire your own lawyer to go after the
> > copycat, and if he's in another country things get dicey real
> > quickly.  (However, not vigorously defending your trademark against a
> > copycat causes you to lose any rights you do have very quickly.)
>
> > Do go to some effort (eg, preserve letters/invoices/etc) to establish
> > your "priority" on the name, so that a year from now the other guy
> > can't come along and sue YOU for trademark infringement.
>
> > (And it's probably worth the effort to send the other guy a cease-and-
> > desist letter.  Probably would do no good, but it's cheap.)
>
> > I suppose if someone duplicates a name in the Android store then you
> > may have some recourse with store management, but it would be purely
> > at their discretion, especially given how hard it is to find a unique
> > name anymore.
>
> > (I wonder how many here even know how to copyright their work?)
>
> > On Sep 14, 12:41 pm, Flying Coder  wrote:
>
> > > Surely, this can't be allowed, can it?  What recourse do I have?
>
> > > Thanks,
> > > Steve

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[android-developers] Re: Another developer has published an app using the EXACT same name as mine

2010-09-14 Thread DanH
You have an arguable case for a trademark (though it would be much
stronger if you'd added that (tm)), and an arguable case that your
trademark is being infringed (since the customer mistakenly believed
he'd purchased your app).  The "cease and desist" letter to the
publisher would be strongly advised, and a similar letter to the
Android Market folks.  You might want to pay an attorney to draft the
letters in attorney-speak.

Beyond that my trademark law is pretty rusty (haven't looked at the
law in about 25 years), so you need to seek out expert advice.  Nolo
Press used to publish some good books on the topic of "intellectual
property", if you can't afford a real IP attorney.

On Sep 14, 2:02 pm, Flying Coder  wrote:
> Hi Dan,
>     Thanks for the feedback.  The app is "ICE: In Case of Emergency"
> and has been published on the Market since Feb 09 (at the time, it was
> the only ICE app for Android).  Its currently one of the top-rated
> paid apps in the Health category. Its such a common phrase, that I
> wasn't expecting to be able to Trademark it, but I did expect the
> Market to require competitors to use names that were at least a LITTLE
> different.
>
>     I discovered the copycat today when I got an email requesting
> technical support from someone who thought they had purchased my app,
> when in fact they had purchased the copycat's.
>
> Cheers,
> Steve
>
> On Sep 14, 1:58 pm, DanH  wrote:
>
> > Do you have the app name trademark protected?
>
> > If you have been using the app name for some time (how long "some" is
> > depends) then you could claim it as your trademark.  Simplest way to
> > do this is to simply place (tm) after the name.  It's not nearly as
> > good as a registered trademark, but it carries some weight.
>
> > However, once a copycat has jumped on the name, it's harder to claim
> > your trademark, especially if you haven't used it very long.
>
> > And in any event you have to hire your own lawyer to go after the
> > copycat, and if he's in another country things get dicey real
> > quickly.  (However, not vigorously defending your trademark against a
> > copycat causes you to lose any rights you do have very quickly.)
>
> > Do go to some effort (eg, preserve letters/invoices/etc) to establish
> > your "priority" on the name, so that a year from now the other guy
> > can't come along and sue YOU for trademark infringement.
>
> > (And it's probably worth the effort to send the other guy a cease-and-
> > desist letter.  Probably would do no good, but it's cheap.)
>
> > I suppose if someone duplicates a name in the Android store then you
> > may have some recourse with store management, but it would be purely
> > at their discretion, especially given how hard it is to find a unique
> > name anymore.
>
> > (I wonder how many here even know how to copyright their work?)
>
> > On Sep 14, 12:41 pm, Flying Coder  wrote:
>
> > > Surely, this can't be allowed, can it?  What recourse do I have?
>
> > > Thanks,
> > > Steve

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[android-developers] Re: Another developer has published an app using the EXACT same name as mine

2010-09-14 Thread Flying Coder

Hi Dan,
Thanks for the feedback.  The app is "ICE: In Case of Emergency"
and has been published on the Market since Feb 09 (at the time, it was
the only ICE app for Android).  Its currently one of the top-rated
paid apps in the Health category. Its such a common phrase, that I
wasn't expecting to be able to Trademark it, but I did expect the
Market to require competitors to use names that were at least a LITTLE
different.

I discovered the copycat today when I got an email requesting
technical support from someone who thought they had purchased my app,
when in fact they had purchased the copycat's.

Cheers,
Steve



On Sep 14, 1:58 pm, DanH  wrote:
> Do you have the app name trademark protected?
>
> If you have been using the app name for some time (how long "some" is
> depends) then you could claim it as your trademark.  Simplest way to
> do this is to simply place (tm) after the name.  It's not nearly as
> good as a registered trademark, but it carries some weight.
>
> However, once a copycat has jumped on the name, it's harder to claim
> your trademark, especially if you haven't used it very long.
>
> And in any event you have to hire your own lawyer to go after the
> copycat, and if he's in another country things get dicey real
> quickly.  (However, not vigorously defending your trademark against a
> copycat causes you to lose any rights you do have very quickly.)
>
> Do go to some effort (eg, preserve letters/invoices/etc) to establish
> your "priority" on the name, so that a year from now the other guy
> can't come along and sue YOU for trademark infringement.
>
> (And it's probably worth the effort to send the other guy a cease-and-
> desist letter.  Probably would do no good, but it's cheap.)
>
> I suppose if someone duplicates a name in the Android store then you
> may have some recourse with store management, but it would be purely
> at their discretion, especially given how hard it is to find a unique
> name anymore.
>
> (I wonder how many here even know how to copyright their work?)
>
> On Sep 14, 12:41 pm, Flying Coder  wrote:
>
>
>
> > Surely, this can't be allowed, can it?  What recourse do I have?
>
> > Thanks,
> > Steve

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[android-developers] Re: Another developer has published an app using the EXACT same name as mine

2010-09-14 Thread DanH
Do you have the app name trademark protected?

If you have been using the app name for some time (how long "some" is
depends) then you could claim it as your trademark.  Simplest way to
do this is to simply place (tm) after the name.  It's not nearly as
good as a registered trademark, but it carries some weight.

However, once a copycat has jumped on the name, it's harder to claim
your trademark, especially if you haven't used it very long.

And in any event you have to hire your own lawyer to go after the
copycat, and if he's in another country things get dicey real
quickly.  (However, not vigorously defending your trademark against a
copycat causes you to lose any rights you do have very quickly.)

Do go to some effort (eg, preserve letters/invoices/etc) to establish
your "priority" on the name, so that a year from now the other guy
can't come along and sue YOU for trademark infringement.

(And it's probably worth the effort to send the other guy a cease-and-
desist letter.  Probably would do no good, but it's cheap.)

I suppose if someone duplicates a name in the Android store then you
may have some recourse with store management, but it would be purely
at their discretion, especially given how hard it is to find a unique
name anymore.

(I wonder how many here even know how to copyright their work?)

On Sep 14, 12:41 pm, Flying Coder  wrote:
> Surely, this can't be allowed, can it?  What recourse do I have?
>
> Thanks,
> Steve

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