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Some ones using my trade mark as an iPhone app

Discussion in 'General Board' started by mally, Aug 30, 2009.

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  1. mally United Kingdom

    mally Well-Known Member

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    Hello all

    I registered a trademark a couple of years a go after purchasing a nice domain name. I've seen an iPhone app which is basically my trademark (2 words) with the word app at the end.

    I've registered for class 25, 38 and 41 , which covers computer programs and sites, as well as clothing.

    Ive not approached the company who have produced it or contacted apple either. I'd rather not publicy give the name at the moment but would like advice on my options or if anyone has had a similar experiences

    thanks mally
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. GreyWing

    GreyWing Retired Member

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    lol it's not me is it mate, I have bought loads of app names.
     
  4. crabfoot United Kingdom

    crabfoot Active Member

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    You need advice from an expert, but the first place to enquire is Trading Standards. They don't charge ...
    And you should be using your mark on something, even if you're just rebranding eBooks and selling them on CD at car boot sales (pathetic suggestion, use your own imagination).

    If you haven't been using the trademark, they might have some defence - all a bit soft, but when your only recourse is through civil courts, a lot depends on how good your lawyer is.
     
  5. mally United Kingdom

    mally Well-Known Member

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    Hi guys

    just to help make thngs clearer, my trademark is for the following

    boo//ze//britain and boo//ze// //britain

    with out the //

    I have both the .com and .co.uk and currently have a website on there that shows a map and has a forum

    they have created an app and added "app" at the end and have that domain name. You can download their app from the iPhones store for free

    any further advice knowing the above?
     
    Last edited: Aug 31, 2009
  6. devolution

    devolution Active Member

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    The name on the whois is kind of funny ;)

    I'd say speak to them first - ask them to rename it, or they'll have to give you a cut of the revenues from the app...(Which I might add, is kind of very niche - Twitter for Drunks, perhaps ? ;))...
    If no luck there, let them know you are contacting Apple - they'd probably pull the app if you contact their TM/rights person at the iTunes store.
     
  7. crabfoot United Kingdom

    crabfoot Active Member

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    Well, apart from mentioning that it sounds like what the French do at rugby matches, the sites would qualify as "use of the trademark". No problems there.

    Don't worry about the "app" on the end - from what you say, your TM has been infringed.

    So what's it about? Does the app actually help your activities, or does it short-circuit any benefits your sites might have gained? If it is beneficial to you, you will obviously have a different attitude towards how you apply retribution.

    iPhones must have paid for the app, before they could distribute it free. You can talk to them for starters - start with a "cease and desist distribution" until you establish how you can benefit from it.

    In your place, I'd be asking how I might derive that benefit. You are "in the chair" here, but you need an expert opinion to tell you what it has "cost" you so far.
    Now, given that you are feeling amicable about the matter - my opinion, as a White Van Man of some repute, is that you should make some demands.

    I would say you are entitled to 0.5% of the sum that iPhones paid to buy the app - so I would ask for 2% on principle, + legal fees, to non-exclusively license use of your TM, because they will always try to negociate.

    I would also ask for a small fixed fee per download, and a re-write of the app to include as many refs and links to your websites as possible.

    Face it, ask for too much and they will re-name the app, tell you to get stuffed, and wait for the $ht to hit the fan. Go in gently and you could make a few bob.

    It's a balance between what you can do, and how "moral" the person is that represents the company.
    If he is a "decent sort", you could come out winning for low cost and low effort.
    If he is a "piece of work", it could end with you recovering your costs and feeling satisfied that you have put him out of business for a while.

    Right is on your side - but there is an old German proverb, "a handful of might beats a sackful of right" (as used by the Nazis when they were "on the up").

    Gently, gently ...
     
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