[android-developers] Re: Another developer has published an app using the EXACT same name as mine
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 danhi...@ieee.org 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 cs07...@gmail.com 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 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 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 danhi...@ieee.org 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 av8r.st...@gmail.com wrote: Surely, this can't be allowed, can it? What recourse do I have? Thanks, Steve -- You received this message because you are subscribed to the Google Groups Android Developers group. To post to this group, send email to android-developers@googlegroups.com To unsubscribe from this group, send email to android-developers+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/android-developers?hl=en
[android-developers] Re: Another developer has published an app using the EXACT same name as mine
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 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. -- You received this message because you are subscribed to the Google Groups Android Developers group. To post to this group, send email to android-developers@googlegroups.com To unsubscribe from this group, send email to android-developers+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/android-developers?hl=en
[android-developers] Re: Another developer has published an app using the EXACT same name as mine
@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 -- You received this message because you are subscribed to the Google Groups Android Developers group. To post to this group, send email to android-developers@googlegroups.com To unsubscribe from this group, send email to android-developers+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/android-developers?hl=en
[android-developers] Re: Another developer has published an app using the EXACT same name as mine
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 cs07...@gmail.com 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 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 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 danhi...@ieee.org 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 av8r.st...@gmail.com wrote: Surely, this can't be allowed, can it? What recourse do I have? Thanks, Steve -- You received this message because you are subscribed to the Google Groups Android Developers group. To post to this group, send email to android-developers@googlegroups.com To unsubscribe from this group, send email to android-developers+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/android-developers?hl=en
[android-developers] Re: Another developer has published an app using the EXACT same name as mine
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 av8r.st...@gmail.com wrote: Surely, this can't be allowed, can it? What recourse do I have? Thanks, Steve -- You received this message because you are subscribed to the Google Groups Android Developers group. To post to this group, send email to android-developers@googlegroups.com To unsubscribe from this group, send email to android-developers+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/android-developers?hl=en
[android-developers] Re: Another developer has published an app using the EXACT same name as mine
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 danhi...@ieee.org 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 av8r.st...@gmail.com wrote: Surely, this can't be allowed, can it? What recourse do I have? Thanks, Steve -- You received this message because you are subscribed to the Google Groups Android Developers group. To post to this group, send email to android-developers@googlegroups.com To unsubscribe from this group, send email to android-developers+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/android-developers?hl=en
[android-developers] Re: Another developer has published an app using the EXACT same name as mine
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 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 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 danhi...@ieee.org 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 av8r.st...@gmail.com wrote: Surely, this can't be allowed, can it? What recourse do I have? Thanks, Steve -- You received this message because you are subscribed to the Google Groups Android Developers group. To post to this group, send email to android-developers@googlegroups.com To unsubscribe from this group, send email to android-developers+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/android-developers?hl=en
[android-developers] Re: Another developer has published an app using the EXACT same name as mine
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 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 danhi...@ieee.org 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 av8r.st...@gmail.com wrote: Surely, this can't be allowed, can it? What recourse do I have? Thanks, Steve -- You received this message because you are subscribed to the Google Groups Android Developers group. To post to this group, send email to android-developers@googlegroups.com To unsubscribe from this group, send email to android-developers+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/android-developers?hl=en
[android-developers] Re: Another developer has published an app using the EXACT same name as mine
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 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 CD, you need to go to court and things become expensive then. Martin Gentle Alarm -- You received this message because you are subscribed to the Google Groups Android Developers group. To post to this group, send email to android-developers@googlegroups.com To unsubscribe from this group, send email to android-developers+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/android-developers?hl=en
[android-developers] Re: Another developer has published an app using the EXACT same name as mine
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 martin.hu...@gmail.com 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 CD 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 CD, you need to go to court and things become expensive then. Martin Gentle Alarm -- You received this message because you are subscribed to the Google Groups Android Developers group. To post to this group, send email to android-developers@googlegroups.com To unsubscribe from this group, send email to android-developers+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/android-developers?hl=en
[android-developers] Re: Another developer has published an app using the EXACT same name as mine
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 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 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 danhi...@ieee.org 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 av8r.st...@gmail.com wrote: Surely, this can't be allowed, can it? What recourse do I have? Thanks, Steve -- You received this message because you are subscribed to the Google Groups Android Developers group. To post to this group, send email to android-developers@googlegroups.com To unsubscribe from this group, send email to android-developers+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/android-developers?hl=en
[android-developers] Re: Another developer has published an app using the EXACT same name as mine
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 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 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 danhi...@ieee.org 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 av8r.st...@gmail.com wrote: Surely, this can't be allowed, can it? What recourse do I have? Thanks, Steve -- You received this message because you are subscribed to the Google Groups Android Developers group. To post to this group, send email to android-developers@googlegroups.com To unsubscribe from this group, send email to android-developers+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/android-developers?hl=en
[android-developers] Re: Another developer has published an app using the EXACT same name as mine
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 joachim.pfeif...@gmail.com 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 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 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 danhi...@ieee.org 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 av8r.st...@gmail.com wrote: Surely, this can't be allowed, can it? What recourse do I have? Thanks, Steve- Hide quoted text - - Show quoted text - -- You received this message because you are subscribed to the Google Groups Android Developers group. To post to this group, send email to android-developers@googlegroups.com To unsubscribe from this group, send email to android-developers+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/android-developers?hl=en
