Clone App which is no clone...

sialcasa · August 2012

Hey guys,

I have a crazy story to tell you.

I developed an app since 1.5 month and it is waiting for review now. Today I saw that other guys developed an equal app (same content, different looking) with an equal name... wtf.

They started promoting their app 3 weeks ago, so there were absolutly no possability for me to copy anything (name / content). I registered mine in ITC on 24th June.

They wrote on their facebook page that they commited their app on the SAME DAY to the appstore (for review) as me...

They have the exactly same name then mine / same content (niche app which is not present in appstore yet).

Iam so brainfucked now... but well the question which I ask myself... is there a possability that they will try to sue me?

The other question is, how is it possible that they will have the same name that I used to register my app in ITC?

Thats an absolutly unbelivable story for me and I am so upset....

Thanks for input...

StayFoolish · August 2012

Did you outsource any of the development? The chances of this happening by coincidence have to be practically zero, surely....

sialcasa · August 2012

No I didn't, I did all by my self and with a friend which is a designer. I will try to report them on the day it will released, cause I'm sure that I "own" the name because I registered it in ITC (there is no possability of duplicates - or!?)

I wrote a blogpost about this story:
http://blog.buildpath.de/?p=71

I would be very happy you would give me some advice, how to handle this sitution, because I'm absolutly sure that they will report me to apple when they spot my app. So I think I have report them at first - or?

sialcasa · August 2012

A follow up:

their app released today (so mine have to follow in a short time). They used my app-name followed by a phrase like:

MYCOOLAPPNAME - The coolest app in the store

While MYCOOLAPPNAME is my appname...

I think I will report them when my app is released.
Give me input please.

StayFoolish · August 2012

Still don't see how this is possible without someone knowing about your app - what are the chances?

Legally I doubt you have much of a case unless you have a very specific app with very specific functionality and content. Plus it would cost you an arm and a leg to pursue this route....

sialcasa · August 2012

But don't you think that they have to change their name, when I report this case to apple?

gk84 · August 2012

Did someone hack your pc? maybe you told some plp about this and someone decided to steel it? Is the designer really your "friend"?? sorry to sound so negative but Iam trying to explore all possibilities. do you see the name of the person/ company who released this app?? can you see which other apps they have in the app store? Are they also copies of other apps? I would do some research on these guys. this might give you clues on what might have happened.

Paul Slocum · August 2012

It would be possible to tell whether it's compiled from the same source by examining the binary. But people do sometimes just come up with exactly the same idea at the same time. You see this in a lot of fields, science, the arts. I've seen it happen where it seems like there's no way it could be a coincidence, but it is.

sialcasa · August 2012

I'm sure that this is a coincidence, but what to do now? Its very bad to have 2 Products which are named equal and does the same (srsly they do the same). But I think they have to change their name, because I registered the appname first and I won't reject my binary to create a new app with another name...

Paul Slocum · August 2012

Unfortunately I would think that you probably just need to come up with a new name. It seems unlikely to me that you're going to convince Apple to force them to change their name.

StayFoolish · August 2012

I'd agree - come up with a different name, you don't have to reject your binary, you can change the app name (and keywords) right up until it goes into review....

sialcasa · August 2012

I have graphics included the binary which carry the name, I have webpage including this name - why should I change the name?!

Paul Slocum · August 2012

sialcasa said:
I have graphics included the binary which carry the name, I have webpage including this name - why should I change the name?!

You could try it, but I'm skeptical that such a confusing marketing strategy is a good one. And I'm pretty sure that when your app comes out, the maker of the other one will assume that you copied them and hassle you about it when they see you have the same name. I don't know that much about law, but I think the name is the only thing they could sue you for. Even though you registered it first with Apple, I suspect that whoever started marketing it first would have the upper hand in a trademark court case. And they could also retaliate with negative reviews, etc. If it were me, I would just pick a new name and avoid stirring a hornets nest.

You have the advantage of knowing their name and icon first, so you could try to pick a name that makes your app sound better and make sure that you have a better icon.

sialcasa · August 2012

I had the advantage that I know them first? I noticed them after my app was 6 days in "waiting for review".
I'll wait for getting approved an then I will contact apple. They can decide what to do - If they don't, I wont change my name.
I registered it, started development much time before they start marketing - so I seriously don't had any chance to copy the idea.

Edit:
The funniest thing is meanwhile, that they got approved 2 days ago and I'm still not in review. I know that they submitted on the same day as me (I did read it on their facebook wall). This review system of apple is such a bullshit.

ziocleto · August 2012

sialcasa said:

I registered it

Well you haven't really registered anything if you haven't got a trademark on your name.
Writing an app name in iTunesConnect doesn't equal to "register" your name in any legal way. It doesn't have any value apart from blocking other developers in using the _exact_ string in that exact store.

If you are serious about your business get on and register a trademark before they do if you are 100% sure you are on the right side of things.

PS: I personally wouldn't do it as I see it as a waste of time.

Renaissance77 · August 2012

Is this app actually identical to yours? Or is it just the name which is the same?

Assuming your story is true, it sounds like someone on the Apple review team somehow intercepted your app, decided it looked pretty good, and released it as their own (or their friends) app. That's pretty messed up!

RickSDK · August 2012

before you get all worked up worrying about who is going to sue who, does this app even have a chance of making any money? 99% of first apps people submit get 2 or 3 downloads in the first month, and then sales die down from there.

Unless you have some multi-million dollar idea here, then you don't have to worry about sueing anyone or being sued by anyone.

kkkkkkkk · August 2012

it's highly possible your app will not be accepted by apple, and you ll have to change the name. (but just add a '!' at the end.)
and if apple does accept your app then I recommend that you do nothing more but enjoy the free ride their publicity campaign will do to your app. If they change their name then you don't benefit either.

TunaNugget · September 2012

This sort of thing has happened to me, except with my app having been submitted a bit later than the other guy's, so I'm sure nobody copied anybody. There are a lot of apps being submitted; its bound to happen from time to time.

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