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Notice of Complaint: Complainant believes you are infringing its trademark...

tonytonytonytony USPosts: 29New Users @
Hi,

Today I got a notice of complaint from Apple:

This app is impersonating XXX, Inc. by misappropriating and prominently featuring the XXX trademark without authorization from XXX, Inc. Due to the misuse of XXX’s intellectual property, visitors are likely to believe that XXX, Inc. sponsors this app or has approved the use of its trademark when no such approval has been given or relationship exists.

The complainant is a real big company, to be honest, I think my app logo is similar to their logo only, not the same.

So I want to know what will Apple do? If I don't change anything, will Apple remove my app from the app store?

Thanks!!

Replies

  • astersdoastersdo USAPosts: 559New Users @ @ @
    Not changing the logo would be a bad move IMHO. Does your actual app have anything in common with the business of the other company?
  • tonytonytonytony USPosts: 29New Users @
    astersdo wrote: »
    Not changing the logo would be a bad move IMHO. Does your actual app have anything in common with the business of the other company?

    Yes, something in common.
    If I change the logo a little bit, what should I reply now?
  • astersdoastersdo USAPosts: 559New Users @ @ @
    You need to change the logo a lot. i.e. completely different to their logo. You are "passing off" your app as being related to their business which could become expensive for you.
  • tonytonytonytony USPosts: 29New Users @
    astersdo wrote: »
    You need to change the logo a lot. i.e. completely different to their logo. You are "passing off" your app as being related to their business which could become expensive for you.

    No, I am not "passing off". Hard to explain the details here.

    I just want to ask what will Apple do if I don't change anything?
  • astersdoastersdo USAPosts: 559New Users @ @ @
    I imagine they will remove it, but they're giving you a chance to change it.
  • tonytonytonytony USPosts: 29New Users @
    The letter also wrote:

    We look forward to receiving written assurance that your application does not infringe Complainant's rights, or that the parties are taking steps to promptly resolve the matter. Please keep us apprised of your progress.

    Is that Apple worrying the responsibility?
    If I believe I am not infringing Complainant's rights, should I give Apple my assurance?
  • tonytonytonytony USPosts: 29New Users @
    Also, it doesn't mention exactly what is trademarked...
  • tonytonytonytony USPosts: 29New Users @
    My app is actually a helper tools for the Complainant's app. But I am not competing with the Complainant.

    I am thinking if they trademarked a logo, legally does it mean I can't use a similar logo?
  • astersdoastersdo USAPosts: 559New Users @ @ @
    Which app is yours?
  • bellissimobellissimo Posts: 173Registered Users @ @
    So you have produced an app which leverages the intellectual property of another big company, and you even produced a similar logo. If I were you I would not be so surprised to receive an infringement notice. Depending on the content of the app there could be multiple infringements if you have not got permission from the rights holder.
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