Tuesday, September 14, 2010

[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 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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