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
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 av8r.st...@gmail.com wrote:
Hi Dan,
Thanks for the feedback. The app is ICE: In Case of Emergency
and has been published on
@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
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
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
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
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
Here's some info: http://www.nolo.com/legal-encyclopedia/article-29902.html
On Sep 14, 2:02 pm, Flying Coder av8r.st...@gmail.com 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
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 CD letter can easily
be $1000 and if the
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
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
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
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
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