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

#33

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.

AppName Super-Pro?

Or AppName Hyper-Pro? That way it'll be ahead of the rip-off version alphabetically.

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

#35
post #30

In addition to the other suggestions, send a note to Facebook that you purchased their "FaceBook for iPad" app (include a link to the app store page) and are extremely disappointed with the functionality. After Facebook legal complains to Apple about the app perhaps the submitter will be banned and all their apps removed or at least their apps will be under much stricter scrutiny. And a request of your own to remove…

This is a great idea. If you can get coax a giant like Facebook into action you'll improve your chances quite a bit.

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

#36

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-s…

This sounds like a very good idea. I'm going to see my lawyer tomorrow and I'll tell her about your suggestions (this one and sending the documents in Spanish). Thank you so much!

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

#37

Why not just release your own "Appname Pro", take out the advertisements, and charge $0.99?

One should not be forced into product decisions by namesquatters or other external behavior of that ilk. Designing, building, and supporting a new product is a big longterm investment (even if it's just a Free/Pro version).

The story behind Instapaper Free's cancellation covers some of the reasons: http://www.marco.org/2011/04/28/removed-instapaper-free

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

#39

Earlier quoted context omitted.

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

IANAL either, but my understanding is that you have common-law trademark rights from the time you start using the name in interstate commerce, whether you add TM or not.
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