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  1. #11
    Senior Member reiti.net's Avatar
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    Letter 2 arrived: Personal Blog - Letter 2 from com2us (Tower Defense) - Developer Blog

    There they state, that Apple Store does pre-axamin submittions on trademark infringement, while google does not. With google they inform the devs first before they interact with google (google would take your game down)

    They also say, that it would need a huge amount of evidence to proof, that "Tower Defense" is a descriptive phrase. Hm .. even wikipedia states it descriptive .. and all over the world "Tower Defense" is well known as a Game Genre

    Tower defense - Wikipedia, the free encyclopedia

    So hopefully they go to hell :-)

  2. #12
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    Ok, so they have gone and managed to get a trademark on something generic. Well done for them and boo! to idiot trademark office.

    Your way out of this is:
    0) I am not a lawyer.... don't assume what I am telling you has any basis in reality.
    1) You can prove that you were using the term in business BEFORE them.... even then you are probably only limited to using it in those markets, not in new ones. You will probably still need to go to court to enable your rights. Since com2us is a huge app developer, google will probably pull your apps in the mean time. Sucks, but that's life in corporate america. Blame the lawyers.
    2) Creative marketing ("so good, we got sued to change the name" / etc)
    3) Find out which countries they have trademarked the name in and only change the app in those countries.
    4) Do your research BEFORE you release an app (this can be stupid expensive and will probably miss weird things anyway).
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  3. #13
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    yeah, you have no recourse with these guys, you did the right thing by changing the name but companies get rich by suing trademark violators. I got an infringement letter on an unrelated application then after quickly removing the app received a request for an income report. Luckily, I never monetized the app in any way but that didn't stop them from sending me a settlement letter for thousands, lol. lesson is... if you have something to lose, don't risk... nothing to lose... roll with it, but those with the resources always win

  4. #14
    Senior Member reiti.net's Avatar
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    They just closed my file regarding infringement after changing app title. For me it's not critical, my game had a generic name before and was not marketed etc.
    @mind
    to 1) they registered the name in 2008. No proving does help you because it does not matter who USED the name, but who registered the name first.
    to 2) that's what I do :-)
    to 3) they tell you where they they have registered. they registered in US (2008), South Korea, China and Japan (2011)
    to 4) Their game wasn't released .. and to be honest, I have no interest into researching generic terms about being trademarked before. It's just stupid.

    BUT .. even when I consider com2us to be evil there is a point. What if com2us did NOT register it and someone ELSE does register it later on? So they would be fck'd .. that's a reason why nowadays you need to register every junk. That should be prohibited in the first place, so noone should be allowed to register phrases or even generic words or descriptive words. In reality that's already the case, but noone cares in registration office and there is the problem.

    To maintain your right YOU have first sue them while normally it would be the responsibility of the registration office to do their work proper. A small lookup in wikipedia for example is normally sufficient to know if a phrase is a well known descriptive word or not. A simple google search of the phrase would be sufficient.

    So what shall we do? See it like that: I renamed my Game now to "HEXDef ONE". What if some idiot decides to register that name in US? I cannot afford a worldwide registration and would end up renaming my game over and over? How fair is that?

    Look, how is a normal developer doing title research: Looking up the desired game in google. If there are no results it is most likely, that noone had this title used before. Why is it so hard for a registration office to do the same BEFORE they give out a trademark? .. unfair world

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