[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

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