Ok, just got the dreaded "going to take longer" on my app reviewing.
Im pretty sure its going to be rejected.
Anyway, here is my case: I just realized that I have used a trademarked word.. like Arsenal.
The things is, without this word in the app, a user cannot choose the team he wants.
I may totally abandon this app, but as a last resort, I wanna know is using something like Arsen@l or @rsenal instead.. will it be ok?
I don't want to get in trouble really. But just wondering what are my options to make this app happens.
Basically its an app that user can select his fav team from a table.
Quick answer - in US trademark law at least, changing one letter or a symbol is not enough to avoid liability. Minor spelling variations are considered inconsequential.
__________________
David Lizerbram
Trademark, Copyright, and Business Attorney
@LizerbramLaw www.LizerbramLaw.com
So I think i just remove all the names.. not sure how i can relate the team though..
David, thanks for your answer, but how about, for example,
Arsenal ==> Ars.
Manchester Utd ==> MU
such as that? im gonna try that for resubmission. see how it goes.
From a conservative (legal, not political) standpoint, my guess is that those types of abbreviations would still imply some sort of sponsorship or agreement with the teams, and may lead to consumer confusion regarding the source of the app. I would be willing to bet that professional sports teams are apt to be highly litigious and protective of their rights. Even if you're in the right, you could get sued out of business without it affecting their bottom line in any noticeable way.
Moral: consult a trademark attorney in your area, and be very cautious.
__________________
David Lizerbram
Trademark, Copyright, and Business Attorney
@LizerbramLaw www.LizerbramLaw.com
It seems to me he just has to say he has a news app and he should be free and clear.
If its news or commentary you are mostly free to use trademarked words.
trademark law is getting a little silly with the internet I think. I think before the internet, markets were more local and national brands few and far between. Certainly they were not cheap to create.
Nowadays it seems pretty trivial to create a national or even global brand.
Last edited by blazespinnaker; 07-29-2010 at 05:34 PM.
It seems to me he just has to say he has a news app and he should be free and clear.
If its news or commentary you are mostly free to use trademarked words.
trademark law is getting a little silly with the internet I think. I think before the internet, markets were more local and national brands few and far between.
Nowadays it seems pretty trivial to create a national or even global brand.
You're probably right that some precepts of trademark law should be revisited to reflect the reality of the internet. Nonetheless, it's important for developers to consider the consequences before jumping into something, unless they want to face serious legal issues.
__________________
David Lizerbram
Trademark, Copyright, and Business Attorney
@LizerbramLaw www.LizerbramLaw.com
Trademarked Words.. a way around?
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