Thanks for the advice Geoff (and Nigel). We have drafted an email to send them. We do prefer the diplomatic approach. We are also speaking to a lawyer here in Adelaide, so we will see what advice they give and make our decision from there (of course the lawyers will probably recommend using their services!)
Regards Dylan Sale On Fri, Oct 28, 2011 at 11:14 AM, Geoff McQueen < geoff.mcqu...@hiivesystems.com> wrote: > In that case, I think you might have a problem. > > a) They're Australian. > b) They look reputable and well set up. > > If the person making the claim failed either of these two tests, my > inclination would be to ignore them. The cost of bringing an action, > particularly internationally, it prohibitive. > > In this case, I'd suggest reaching out to the management of the company, > NOT their lawyers. Options I've been through before include: > > 1. Putting a link on your web page to them in case there is any > confusion. Trademarks are about protecting a brand from confusion and > passing off, and if you take steps to make sure this isn't the case, they > might be happy to let you keep being called Codify. > 2. Changing your name to CodifyApp or similar. From what I can tell, > your natural category would be Class 9, so changing your product name to > make it clear you're a product, not a service (class 42) might give you an > out. > > Either way, though, I'd approach this problem by picking up the phone. It > is easy to hate another company or a website and want to destroy them. Only > lawyers have the (mis)fortune of being able to think of other people so > objectively, particularly entrepreneurs who mean no harm and just want to > succeed. > > Geoff > > On Thu, Oct 27, 2011 at 17:37, Dylan Sale <dylan.s...@gmail.com> wrote: > >> Hi Geoff. >> Thanks for replying. >> I neglected to mention this because I wasn't sure if we were allowed to >> legally. I guess there is no harm in it. >> >> It has come from Codify Pty Ltd. >> www.codify.com >> They are located in Queensland. >> >> >> On Fri, Oct 28, 2011 at 11:00 AM, Geoff McQueen < >> geoff.mcqu...@hiivesystems.com> wrote: >> >>> Who, and more importantly, where, has the infringement come from? >>> >>> On Thu, Oct 27, 2011 at 16:31, Dylan <dylan.s...@gmail.com> wrote: >>> >>>> Hi All! >>>> This is my first post to Silicon Beach. I am Dylan Sale, co-founder of >>>> Two Lives Left (www.twolivesleft.com). We recently released an app on >>>> the Apple App Store called Codify (iPad game prototyping app). We are >>>> situated in Adelaide, South Australia and consist of just 3 >>>> developers. >>>> >>>> Today we were issued a trademark infringement notice from an company >>>> saying we are infringing on their trademark. They have a Class 42 >>>> trademark on the word Codify. As far as I can tell, this is just for >>>> software services and Codify being an application would fall under >>>> Class 9. >>>> >>>> We are not lawyers and aren't sure what to do about this. Codify is >>>> doing very well on the app store and it would be a massive blow to >>>> have to take it down now. Does anyone here know of a good trademark/IP >>>> lawyer we could get in touch with? >>>> >>>> Thanks for the help! >>>> >>>> Dylan Sale >>>> Director >>>> Two Lives Left Pty Ltd >>>> >>>> PS I was told to ask here by a friend! >>>> >>>> -- >>>> You received this message because you are subscribed to the Silicon >>>> Beach Australia mailing list. Vist http://siliconbeachaustralia.org for >>>> more >>>> >>>> Forum rules >>>> 1) No lurkers! It is expected that you introduce yourself. >>>> 2) No jobs postings. You can use http://siliconbeachaustralia.org/jobs >>>> >>>> >>>> To post to this group, send email to >>>> silicon-beach-australia@googlegroups.com >>>> To unsubscribe from this group, send email to >>>> silicon-beach-australia+unsubscr...@googlegroups.com >>>> For more options, visit this group at >>>> http://groups.google.com/group/silicon-beach-australia?hl=en?hl=en >>>> >>> >>> >>> >>> -- >>> Geoff McQueen >>> Founder & CEO >>> Hiive Systems >>> >>> Phone: 1.877.425.7315 (US) - 1800 2 44483 (AU) >>> Cell/Mobile: 650.450.4384 (US) - 0414.678.466 (AU) >>> >>> -- >>> You received this message because you are subscribed to the Silicon Beach >>> Australia mailing list. Vist http://siliconbeachaustralia.org for more >>> >>> Forum rules >>> 1) No lurkers! It is expected that you introduce yourself. >>> 2) No jobs postings. You can use http://siliconbeachaustralia.org/jobs >>> >>> >>> To post to this group, send email to >>> silicon-beach-australia@googlegroups.com >>> To unsubscribe from this group, send email to >>> silicon-beach-australia+unsubscr...@googlegroups.com >>> For more options, visit this group at >>> http://groups.google.com/group/silicon-beach-australia?hl=en?hl=en >>> >> >> >> >> -- >> Dylan Sale >> >> -- >> You received this message because you are subscribed to the Silicon Beach >> Australia mailing list. Vist http://siliconbeachaustralia.org for more >> >> Forum rules >> 1) No lurkers! It is expected that you introduce yourself. >> 2) No jobs postings. You can use http://siliconbeachaustralia.org/jobs >> >> >> To post to this group, send email to >> silicon-beach-australia@googlegroups.com >> To unsubscribe from this group, send email to >> silicon-beach-australia+unsubscr...@googlegroups.com >> For more options, visit this group at >> http://groups.google.com/group/silicon-beach-australia?hl=en?hl=en >> > > > > -- > Geoff McQueen > Founder & CEO > Hiive Systems > > Phone: 1.877.425.7315 (US) - 1800 2 44483 (AU) > Cell/Mobile: 650.450.4384 (US) - 0414.678.466 (AU) > > -- > You received this message because you are subscribed to the Silicon Beach > Australia mailing list. Vist http://siliconbeachaustralia.org for more > > Forum rules > 1) No lurkers! It is expected that you introduce yourself. > 2) No jobs postings. You can use http://siliconbeachaustralia.org/jobs > > > To post to this group, send email to > silicon-beach-australia@googlegroups.com > To unsubscribe from this group, send email to > silicon-beach-australia+unsubscr...@googlegroups.com > For more options, visit this group at > http://groups.google.com/group/silicon-beach-australia?hl=en?hl=en > -- Dylan Sale -- You received this message because you are subscribed to the Silicon Beach Australia mailing list. Vist http://siliconbeachaustralia.org for more Forum rules 1) No lurkers! It is expected that you introduce yourself. 2) No jobs postings. You can use http://siliconbeachaustralia.org/jobs To post to this group, send email to silicon-beach-australia@googlegroups.com To unsubscribe from this group, send email to silicon-beach-australia+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/silicon-beach-australia?hl=en?hl=en
