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Trademark issue: Their name, "iAAA", my name "i AAA That"...
- Thread starter detz
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Two points.
First talk to a lawyer - getting legal advice on the internet may not be the best approach.
Second point. If the trademark holder sues you, do you have the resources to defend your case.
If you already know there's a name called IAAA and you want to call it something very similar, you're running a risk. Just call it something else.
First talk to a lawyer - getting legal advice on the internet may not be the best approach.
Second point. If the trademark holder sues you, do you have the resources to defend your case.
If you already know there's a name called IAAA and you want to call it something very similar, you're running a risk. Just call it something else.
My orignal app was "iAAA" for a year and a half. They contacted me about removing the app because they registered the trademark 2 months before I released my app but it had already been on the store as "iAAA" for about 18 months so it had a following and some name recognition. Instead of removing it and completely changing the name(so it couldn't be found) I changed the name enough to get by.
my GUESS......... is "yes, it's a violation"
As I understand it, the trademark office is unlikely to give you a trademark for a mark that could potentially be confused with another existing mark, especially if their app and yours deal with generally the same thing.
If they're not happy with how you've changed it and complain further, you'll need a lawyer's advice on how to proceed
I would suggest you contact the people who sent you the letter and see if they would approve it.
Dude, talk to a lawyer. I mean do you really want to risk being fined or possibly more consequences by asking a forum member? I mean really?
Apple probably already has a trademark on every conceivable word in the English dictionary adding an lowercase "i" as a prefix.
They are probably working on suing that Nickelodeon show my kid watches "iCarly"
They are probably working on suing that Nickelodeon show my kid watches "iCarly"
From a name point of view I would say you're fine. If your actual logo, branding etc is similar too, then you might be in trouble, for example using the same colours and fonts etc. iAAA is different from I AAA THAT. What are the companies services? Again if they're different it's easier to differentiate. I guess the real point in copy write is preventing people knocking off other's ideas. It's no secret Apple was taken from the Beatles Apple Music, but was given the green light to sell computers and not music, however, with the iPod I don't know if that changed or anything.
It's like saying Apple Computers infringes on Apple Music. It has part of the same name, but they're two separate companies selling two different products.
Best bet above is speak to a lawyer, or better yet, do what Steve did and contact IAAA and ask if they're comfortable with the new name. Because at the end of the day it will be them suing you, and you paying to defend yourself.
It's like saying Apple Computers infringes on Apple Music. It has part of the same name, but they're two separate companies selling two different products.
Best bet above is speak to a lawyer, or better yet, do what Steve did and contact IAAA and ask if they're comfortable with the new name. Because at the end of the day it will be them suing you, and you paying to defend yourself.
Actually, that's not a good example because the Beatles and Apple Computer have been in and out of court for decades. And you can find plenty of people who believe the reason why the Beatles aren't on iTunes is because of bad blood over the court fights.
mt