Trademark issue: Their name, "iAAA", my name "i AAA That"...

Discussion in 'Community Discussion' started by detz, Apr 7, 2010.

  1. detz macrumors 65816

    Joined:
    Jun 29, 2007
    #1
    I'm trying to see if this is legit, their trademark is "iAAA" and the name of my app is " I AAA That". If you had to guess would you think that's it violation? Would apple go after an app called "I Work That" or "I Tunes That"?
     
  2. Zombie Acorn macrumors 65816

    Zombie Acorn

    Joined:
    Feb 2, 2009
    Location:
    Toronto, Ontario
    #2
    You could just come up with something original.
     
  3. maflynn Moderator

    maflynn

    Staff Member

    Joined:
    May 3, 2009
    Location:
    Boston
    #3
    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.
     
  4. detz thread starter macrumors 65816

    Joined:
    Jun 29, 2007
    #4
    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.
     
  5. Macky-Mac macrumors 68030

    Macky-Mac

    Joined:
    May 18, 2004
    #5
    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
     
  6. Rodimus Prime macrumors G4

    Rodimus Prime

    Joined:
    Oct 9, 2006
    #6
    I would suggest you contact the people who sent you the letter and see if they would approve it.
     
  7. renewed macrumors 68040

    renewed

    Joined:
    Mar 24, 2009
    Location:
    Bemalte Blumen duften nicht.
    #7
    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? :rolleyes:
     
  8. Ttownbeast macrumors 65816

    Joined:
    May 10, 2009
    #8
    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"
     
  9. AdamA9 macrumors 6502a

    Joined:
    Feb 2, 2010
    #9
    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.
     
  10. mysterytramp macrumors 65816

    mysterytramp

    Joined:
    Jul 17, 2008
    Location:
    Maryland
    #10
    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
     

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