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Ask HN: Someone else made a "Pro" version of my app. What can I do about it?

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Ask HN: Someone else made a "Pro" version of my app. What can I do about it?

#1

Post by albertogh »

Subject pretty much says it all. I have a successful free ad-supported application and yesterday I saw someone had published a paid application using my app name and just appending "Pro" to it. I also own .com, but the name is a bit generic and I don't have any trademarks related to it.

The app is basically a poor rip-off, so I don't think they're going to get any of my users. However, since the "Appname" vs "Appname Pro" is pretty common on the App Store I fear a lot of users might end up buying their app thinking that it's an ad-free version of my app.

The app developers have like 20 apps named " Jokes" and from their blog (they have all their apps and submissions listed) I can see they've submitted a lot of apps ripping off other's names. They even got the nerve to submit an app named "FaceBook for iPad". I think this proves that this is not just an unfortunate coincidence and they won't be willing to remove the app if I ask them directly.

Has any of you dealt with this situation before? Since I'm not in the US, getting some proper legal advice regarding US law with these issues is going to be very difficult, so any advice is very appreciated.

Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?

#2

Post by ibelimb »

I'm assuming your application is listed on an app store, so have you tried the simple approach of emailing the appropriate people and asking for the app to be removed? I'm sure the TOS prevent this kind of behavior and they would be glad to assist you.

Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?

#3

Post by albertogh »

ibelimb wrote: post #2

I'm assuming your application is listed on an app store, so have you tried the simple approach of emailing the appropriate people and asking for the app to be removed? I'm sure the TOS prevent this kind of behavior and they would be glad to assist you.

I probably should have mentioned this in the text. I previously had an issue somewhat close to this one. Someone published an app named " - " while I already had published "". I emailed Apple and they just told me they had let the developer know about it. I never heard from the developer nor Apple again.

Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?

#5

Post by albertogh »

Egregore wrote: post #4

It seems you hadn't a pro app because you're outside of US and you can't publish it on android market. I think google should expand publishing rights to developers outside of US.

It's the App Store. I didn't publish a Pro version because I preferred to use IAP to remove the ads rather than publishing a separate binary.

Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?

#6

Post by ibelimb »

albertogh wrote: post #3
ibelimb wrote: post #2

I'm assuming your application is listed on an app store, so have you tried the simple approach of emailing the appropriate people and asking for the app to be removed? I'm sure the TOS prevent this kind of behavior and they would be glad to assist you.

I probably should have mentioned this in the text. I previously had an issue somewhat close to this one. Someone published an app named " - " while I already had published " ". I emailed Apple and they just told me they had let the developer know about it. I never heard from the developer nor Apple again.

Ah, the old "You're not our friend so its not our problem". While I do not have any ideas on how to deal with it outside of emailing them, the least I would do is make a disclaimer in your app's listing stating clearly that you are in no way affiliated with this "Pro" version if you haven't already. Better to save a few of those potential customers then lose them to the person who ripped you off. As far as getting the listing removed.. I'll leave that up to the powerful HN mind.

Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?

#7

Post by objclxt »

You say you're not in the US - where are you based? Because if it's Europe you don't need US legal advice. Your app is being sold to those in the EU by iTunes Sarl, as is the competing/infringing app. I know this isn't immediately helpful, but you shouldn't be under the misapprehension you can only enforce things through the US courts vis a vis the App Store. There is also a similar Australian iTunes subsidiary.

Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?

#8

Post by robterrell »

Contact Apple, but in a forceful way. Word it as a cease and desist, with a demand that the other app be removed or renamed, and send it to the App Store team, as well as Apple legal, and the developers themselves.

Apple passes this stuff on verbatim to the other developer. (I have been on the receiving end myself.) If it's a mealy-mouthed pretty-please, I'm sure they'll ignore it, if they're dickish enough to name-squat on your app.

It helps tremendously if you've got a trademark for the app name (even a pending trademark) you're golden. Or, if there's any other infringement (i.e. they stole your icon, which is copyright infringement) you're in good shape, too.

Edited to add: not a lawyer, my legal advice is worthless, etc.

Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?

#10

Post by albertogh »

objclxt wrote: post #7

You say you're not in the US - where are you based? Because if it's Europe you don't need US legal advice. Your app is being sold to those in the EU by iTunes Sarl, as is the competing/infringing app. I know this isn't immediately helpful, but you shouldn't be under the misapprehension you can only enforce things through the US courts vis a vis the App Store. There is also a similar Australian iTunes subsidiary.

I'm in Spain. I didn't think that getting their app removed from the EU stores would make a noticeable difference, since the app is only popular in English-speaking countries. However, your point really makes sense. I'll be contacting my lawyer later today just in case.
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