Cheers Jonathan, As far as I can tell, they don't even have an app. They just want apple to take it down because it causes confusion with their brand.
On Fri, Oct 28, 2011 at 11:27 AM, Jonathan Clarke <clarke.jonat...@gmail.com > wrote: > Once an app has been named / renamed can another organisation rename > their application? > > So, if you changed to "CodifyApp", could they then use the name > "Codify" on the app store? > > I saw your post on Hacker News yesterday, I'm guessing the consultancy > is now very bummed that you also now have the top link for "Codify" on > Google. It's a bit late for them to be upset about this, regardless I > don't think they'll knock you off that perch for some time... > > Congrats on the exposure too... > > On Fri, Oct 28, 2011 at 11:50 AM, Dylan Sale <dylan.s...@gmail.com> wrote: > > 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: > >> > >> 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. > >> 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.orgfor > >>>>> 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.orgfor > >>>> 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 > > > > -- > 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
