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Old 09-08-2010, 08:35 AM   #41 (permalink)
barrettj
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Join Date: Apr 2010
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Quote:
Originally Posted by shebinc View Post
I know how this feels, my very first app (and mind you I'm still very much a noob and learning) was called iSketch and I got a letter saying it sounded too much like etch a sketch, so I renamed it iDraw but then I got another email from somebody telling me that they have the trademark for that, so now it's just draw and knowing my luck somebody is going to get mad at me for that.

On another side note about the average joe knowing about this whole thing, I'm a developer and I had no idea till this thread.
There are no live trademarks covering iDraw for a graphics program (there is one for software to generate loan documents). You can search the trademark database here.

You can't copyright a name, only trademark it, and they're only valid if actually registered. That guy got you to change your name just because he wanted to use it.

Etch-A-Sketch doesn't sound very reasonable either, but it probably wouldn't have been worth it to fight with Ohio Art's lawyers.

You'll be 100% fine with Draw as it's a generic term, but likewise you can't complain if someone else releases an App named Draw (though I don't think Apple allows two apps with the same name, so in that sense you'll be fine).


Disclaimer: This is not legal advice, consult your attorney for more details.
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