Why not just release your own "Appname Pro", take out the advertisements, and charge $0.99?
Names are unique in the App Store, so it's too late for that.
Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
11–20 of 50 posts
Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
#12Contact 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-s…
IANAL and this really only applies to US law anyways, but isn't it a registered trademark that he doesn't have? That is, I thought trademarks accrued naturally just like copyright, but that registering them made it much easier to enforce claims. In this case the violation is clear and egregious enough that I wouldn't presume he couldn't win a trademark infringement case.
Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
#13Just tell us the name of the app. We'll do a quick check on your story and mass review the fake app to death (hopefully it's not too expensive). The 0 stars should set off alarms for would-be downloaders. Simple.
Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
#14Contact 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-s…
IANAL and this really only applies to US law anyways, but isn't it a registered trademark that he doesn't have? That is, I thought trademarks accrued naturally just like copyright, but that registering them made it much easier to enforce claims. In this case the violation is clear and egregious enough that I wouldn't presume he couldn't win a trademark infringement case.
That's true, as I understand it. But if he was claiming a trademark on the name he'd need to put the "TM" after the name. (Not the R-in-a-cirlce, that's only for trademarks that have been registered.) But this stuff has lots of corner cases and I don't pretend to understand it all. More info: http://www.uspto.gov/faq/trademarks.jsp#_Toc275426672
Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
#15Just tell us the name of the app. We'll do a quick check on your story and mass review the fake app to death (hopefully it's not too expensive). The 0 stars should set off alarms for would-be downloaders. Simple.
so your plan is to mass-buy the fake app. makes sense
Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
#16Just tell us the name of the app. We'll do a quick check on your story and mass review the fake app to death (hopefully it's not too expensive). The 0 stars should set off alarms for would-be downloaders. Simple.
I really appreciate your intentions, but I'd prefer to deal with this just abiding by the rules. Plus, that would give the squatter a lot of undeserved sales and would boost their rankings.
Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
#17You 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.
This can work to your advantage. In my case, a developer in the EU made claims against an app of mine, and since all of the legal documents arrived in a foreign language, it cost twice as much to have a lawyer simply evaluate the claims -- they had to use a partner firm in the originating country to translate the documents.
The ongoing cost of lawyers made me fold and remove the app from the store. I still maintain to this day that I did nothing wrong, there was zero infringement and his claim was 100% legally bogus, but I couldn't afford to keep the lawyers on top of it.
So, what was bad for me might be good for you. Get a lawyer and have him draft something really strong in Spanish.
Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
#18I am not a lawyer but there is an obvious thing to investigate. Does it look like they used your code, your icons, etc? If so, then you have a straightforward copyright infringement case, and under US law you can send Apple a DMCA notice to get it taken down.
Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
#19Earlier quoted context omitted.
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.
This can work to your advantage. In my case, a developer in the EU made claims against an app of mine, and since all of the legal documents arrived in a foreign language, it cost twice as much to have a lawyer simply evaluate the claims -- they had to use a partner firm in the originating country to translate the documents. The ongoing cost of lawyers made me fold and remove the app from the store. I still maintain t…
I was under the impression that I was responsible for sending them the documents in a language that they could understand. This sounds really good. Many thanks for letting me know!
Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
#20Looks like you could add fraud to any list of legal action.