Apps with Trademarked product names/logos?

GinsbergWright · 01-14-2009, 12:53 AM

Does anyone know what the policy is (Apple or legal in general) on including trademarked images / product names in an App?

For instance, if I wanted to make an app that is a companion to watching Jeopardy on TV, but in no way replicated Jeopardy game play... just to keep track of how many questions you get right or wrong or something... Could you call an App "Jeopardy Buddy" and state "Jeopardy is a registered trademark of so-and-so", and that would make everything alright?

Any experience with Apps being rejected due to this type of stuff? I don't want to waste my time.

Thanks,
G

refreshe · 01-14-2009, 01:07 AM

I don't think Apple will be the ones to reject you for these sorts of issues (unless it involves their own intellectual property). They're probably not going to look into that sort of thing when approving apps.

However, copyright holders will be the ones to send cease and desist letters to you and/or Apple if they discover part of your app violates anything. It's happened before to App developers I'm sure. It's probably more dangerous including "Jeopardy" in the app's title.

GinsbergWright · 01-14-2009, 09:22 AM

Thanks for the reply. Yeah, you may be right it wouldn't be Apple, but I would need to worry about the copyright holder.

I guess I was just hoping that by not duplicating their functionality (like Scrabulous did with Scrabble), but by rather making something that is a extra to help people enjoy the product, and acknowledging that the product is trademarked and copyrighted by the owners... that there wouldn't actually be grounds for them to complain.

johnqh · 01-14-2009, 04:27 PM

Then talk to the trademark holder and license it.

icombat · 02-10-2009, 01:29 PM

I did some research into this before developing my game and the conclusion I reached was that it totally depends on what you are trying to do. Since a company cannot own a Trademark to a generic word, as I believe Jeopardy is, you should in theory be ok. True that it really comes down to how sensitive the Company you are copying actually is in terms of issuing a Cease & Desist, but still Apple has proven very sensitive to outside requests for take downs. So like the case in Tris, it wasn't that Tetris had a case at all but still Apple threatened to remove the app.
Bottom line, if you think there is going to be a problem change the name - don't risk your work for trouble down the line. I know it can be hard to disengage from a name you like but it is worth it down the line. For legal lessons I learned during the process check out my blog

johnqh · 02-10-2009, 01:55 PM

Quote:

Originally Posted by icombat

Since a company cannot own a Trademark to a generic word, as I believe Jeopardy is, you should in theory be ok.

You think Jeopardy is not a valid trademark? Then Apple is not either.

You are so wrong on the trademark issues, that I don't even know how to begin. Let me try....you can not trademark something like "Audio Converter" for an audio conversion software. "Audio Converter" is generic words to DESCRIBE the functionalities. However, using generic words in a way which is not descriptive is totally a valid trademark, like "Apple" or "Jeopardy" or "Twist" or "Blackberry" or "Palm" ...

icombat · 02-10-2009, 02:18 PM

Quote:

Originally Posted by johnqh

You think Jeopardy is not a valid trademark? Then Apple is not either.

You are so wrong on the trademark issues, that I don't even know how to begin. Let me try....you can not trademark something like "Audio Converter" for an audio conversion software. "Audio Converter" is generic words to DESCRIBE the functionalities. However, using generic words in a way which is not descriptive is totally a valid trademark, like "Apple" or "Jeopardy" or "Twist" or "Blackberry" or "Palm" ...

Lets be clear I suggested that if there is any concern then he should avoid the risk. With regard to the specific example of Jeopardy it is actually Jeopardy! that is trademarked with an exclamation so again it depends on the context of how it is used. For example, if he chose Double Jeopardy or You are in Jeopardy he could perhaps be fine (check out what is Trademarked here).

But to your point about general trademarks , I don't think your answer is entirely correct. True that using generic words in a non descriptive way can constitute a valid trademark but it does not necessarily give the holder the right to enforce it in EVERY case. If I created a game such as Apple picking or Blackberry farm or Palms Up I don't think I would not be infringing upon any trademarks. Could someone potentially send me a Cease and Desist as was the case with Tris? Sure - but when push comes to shove this would probably not hold up in court. Would love to hear other people's opinions on this because I don't think it is as clear cut as you think it is...

johnqh · 02-10-2009, 03:24 PM

Quote:

Originally Posted by icombat

If I created a game such as Apple picking or Blackberry farm or Palms Up I don't think I would not be infringing upon any trademarks.

If your game take advantage of people knowing Apple and Blackberry (for example, in your game, you use Apple logo to attack blackberry logo), you are infringing.

If you make a game "Palm Up" in which Palm fly up into the sky, you are infringing.

It is very simple....if your product sells by using people's association with the name of an established product, you are infringing their trademark.

If your game has the fruit apple and fruit blackberry, you are not infringing.

If you use "Double Jeopardy" and it is related to the game show Jeopardy, you are infringing. If you use "You are in Jeopardy" and it is related to the game show Jeopardy, you are infringing.

Seriously, you have a lot of misunderstanding about IP.

bgeerdes · 02-10-2009, 05:02 PM

Quote:

Originally Posted by icombat

With regard to the specific example of Jeopardy it is actually Jeopardy! that is trademarked with an exclamation so again it depends on the context of how it is used.

I don't think the exclamation point would have anything to do with it. As you say, it's the context that's important.

My trying to use the word "Jeopardy" in association with a trivia game would get me in trouble. As would using Apple in association with computers or Palm and BlackBerry in association with electronic devices. But as has been pointed out, one could possibly use those words in different contexts and be okay.

I applied for a trademark and one of the things you do specify what you want the trademark to be associated with. I chose "Computer application software for mobile phones". My interpretation of that is that I'd be able to protect my trademark as far as phone software goes, but not necessarily in a different context.

To the original question, the poster wanted to use the word Jeopardy to draw an association with the television show and that could be troublesome without the show's permission.

tawpie · 02-10-2009, 06:57 PM

one could always say "that long running question-for-the-answer show hosted by <who ever the host was>" or "the big game" and be done with it. But unless you have lots of money to give to lawyers, it's probably wise to steer clear of trademarked or wordmarked items. Apple, FWIW, is in constant battles with Apple Corps over how their license can be used. I don't know, gadget manufacturer = defunct record publisher? Easy to confuse the consumer for sure. Easier though for the legal eagles to seize a juicy opportunity!

Slayer5150 · 02-11-2009, 10:33 PM

There is an easy way to solve this argument:

FACT: You can be sued for ANYTHING. It does NOT matter what ANYONE, even a lawyer tells you! If some company can afford to go after you and they think you might be in violation, they can sue you. PERIOD

Now... It becomes a battle of money... the man with the most money wins...

FACT #2: An S-Corp, Corp, or even an LLC does NOT protect your personal assets. A good lawyer (money again) will rip right through your LLC if they have the deisre and money to do it.

SO: Do whatever you can to prevent it. Even though LLC is NOT a sure fire protection of personal assets, it IS better than nothing. And when it comes to copyright and trademarks, use your god damn brain! You know damn well if you are trying to use a name and capitalize off it! Does your game have anything to do with Jeopardy? If it does, then you know god damn well that you would be an idiot to use it.

Bertrand21 · 02-11-2009, 11:34 PM

i just searched the resouce there and "Jeopardy" is not a LIVE trademark...but "Jeopardy!" is a LIVE trademark

johnqh · 02-12-2009, 01:45 AM

Quote:

Originally Posted by Bertrand21

i just searched the resouce there and "Jeopardy" is not a LIVE trademark...but "Jeopardy!" is a LIVE trademark

Do you really think anyone would get away with using "Jeopardy"?

bgeerdes · 02-12-2009, 10:32 AM

I don't. There's a trademark concept called "confusion in the marketplace". I could try replacing the "o" in Jeopardy with a zero (Je0pardy!) but that wouldn't fly because people would know what trademark I was referring to and trying to co-opt.