Trademark Violation? - iPhone Dev SDK Forum

Today, 02:17 AM	? #1 (permalink)
New User ? Join Date: Oct 2011 Posts: 6	I am the developer of "Sleepy Baby FREE" in the AppStore (and on other platforms). My app plays music for children to fall asleep to, and has an animation on screen to act as a soothing distraction. I have been challenged about trademark infringement. I'm not sure where I stand. The company sells a CD called "Sleepy Baby" with soothing childrens music. First Question: My app is called "Sleepy Baby FREE" not "Sleepy Baby" does that void their argument? Second Question: Is a mobile application and CD comparable in the word of trademarks? Theirs is music only mine is music and visual Any advice would be appreciated.
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Today, 03:01 AM	? #2 (permalink)
Registered Member ? Join Date: Mar 2012 Posts: 48	Quote: First Question: My app is called "Sleepy Baby FREE" not "Sleepy Baby" does that void their argument? No. Quote: Second Question: Is a mobile application and CD comparable in the word of trademarks? Theirs is music only mine is music and visual Yes, in this case. Quote: Any advice would be appreciated. Look up their Trademark; a) What countries is it registered in? You can use the name in countries where they haven't registered it. b) Was it registered before or after you started using the name? If it was registered after you had already started using it then you should be okay in countries where it is registered despite the Trademark but could end up in a legal spat. Get an IP lawyer. Change your app's name to something not being used and so without a Trademark? You could then Trademark it yourself.
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Today, 03:19 AM	? #3 (permalink)
New User ? Join Date: Oct 2011 Posts: 6	Quote: No. Yes, in this case. Look up their Trademark; a) What countries is it registered in? You can use the name in countries where they haven't registered it. b) Was it registered before or after you started using the name? If it was registered after you had already started using it then you should be okay in countries where it is registered despite the Trademark but could end up in a legal spat. Get an IP lawyer. Change your app's name to something not being used and so without a Trademark? You could then Trademark it yourself. Thanks for replying. I am seeing a IP lawyer this week. But I think I will end up having to change the name. Naively I never thought to look up trademarks before releasing my app ... lesson learnt
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Today, 04:16 AM	? #4 (permalink)
Registered Member ? Join Date: Nov 2009 Location: London, UK Posts: 984	Trademark Electronic Search System (TESS) Yup they've got a live mark and they are challenging you, so you will have no chance, just be polite and change you app name and everything is going to be fine, don't spend time and money with a lawyer.
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Today, 04:16 AM	? #5 (permalink)
Registered Member ? Join Date: Oct 2009 Location: Los Angeles Posts: 1,312	Actually they don't have to register the trademark to own it. If they made a product and claimed trademark (mentioned TM somewhere) it's theirs. Registering the trademark just makes it stronger. Since they are selling CDs and I assume all over the world, they can claim the trademark in any country. I'd save attorney's fees and just change the name of the app. The app name doesn't really matter much in terms of sales.
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Today, 04:41 AM	? #6 (permalink)
Registered Member ? Join Date: Mar 2012 Posts: 48	Quote: Actually they don't have to register the trademark to own it. If they made a product and claimed trademark (mentioned TM somewhere) it's theirs. Registering the trademark just makes it stronger. Since they are selling CDs and I assume all over the world, they can claim the trademark in any country. I'd save attorney's fees and just change the name of the app. The app name doesn't really matter much in terms of sales. They do in the UK (and US I think). You can Trademark even if somebody else is using the name, so long as they haven't registered it. However you can't then go back and stop them using it once you have it. You can only stop future uses by other entities. Putting "TM" is pretty meaningless unless you own it in the UK and USA.
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Today, 06:05 AM	? #7 (permalink)
Registered Member ? Join Date: Oct 2009 Location: Los Angeles Posts: 1,312	Quote: They do in the UK (and US I think). You can Trademark even if somebody else is using the name, so long as they haven't registered it. However you can't then go back and stop them using it once you have it. You can only stop future uses by other entities. Putting "TM" is pretty meaningless unless you own it in the UK and USA. Trademark - Wikipedia, the free encyclopedia Proprietary rights in relation to a trademark may be established through actual use in the marketplace, or through registration of the mark with the trademarks office (or "trademarks registry") of a particular jurisdiction. Maybe it's different in UK though.. IDK
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Today, 07:29 AM	? #8 (permalink)
Registered Member ? Join Date: Mar 2012 Posts: 48	Quote: Trademark - Wikipedia, the free encyclopedia Proprietary rights in relation to a trademark may be established through actual use in the marketplace, or through registration of the mark with the trademarks office (or "trademarks registry") of a particular jurisdiction. Maybe it's different in UK though.. IDK I am personally applying in the UK and USA at present. If somebody is using the name that I want to trademark then they haven't registered which is why mine are in process. If I register then they obviously can't register too, even if they are using it. That's what my lawyer says anyway (Deverill IP). Wikipedia is wrong, unfortunately.
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