It looks like I can't edit the submission, so I'll add a comment. First, I want to thank everybody for your suggestions and let you know that I'm seeing my lawyer first thing tomorrow morning. I've been collecting evidence for a while now and I realized their app description has some portions copied from mine, so I think I got enough to fight back. I'll post an update as soon as I've got substantial information to share. Again, many thanks!
Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
41–50 of 50 posts
Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
#42In 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.
Double agreed. If it doesn't fix your problem, at least you've made their life difficult. Shouldn't be that hard to get facebook to act.
Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
#43Contact 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.
Since this is the app store, the only law that really counts is US law. All of this is going through Apple which does business in the US.
Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
#44In 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…
Good idea. The problem is "FaceBook for iPad" is listed in their submissions rather than in their apps, which means it hasn't been approved yet. However, if they end up passing the review (I have my doubts about that), I'll make sure to buy a copy and report back to Facebook.
Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
#45In 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…
Good idea. The problem is "FaceBook for iPad" is listed in their submissions rather than in their apps, which means it hasn't been approved yet. However, if they end up passing the review (I have my doubts about that), I'll make sure to buy a copy and report back to Facebook.
Cross your fingers that it gets approved. They will likely get their developer license revoked and all the apps will go away...
Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
#46Lawyer up and sue for trademark infringement.
Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
#47Earlier quoted context omitted.
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.
This is correct.
It's easier to enforce a registered trademark, but common law trademark rights are all based on likelihood of confusion, which is present here.
Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
#48Lawyer up and sue for trademark infringement.
I don't have any trademarks related to it.
What infringement?
Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
#49Re: Ask HN: Someone else made a "Pro" version of my app. What can I do about it?
#50Earlier 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.
Since this is the app store, the only law that really counts is US law. All of this is going through Apple which does business in the US.
Actually I'm not sure that's true, since for instance Apple curate different stores for different regions, and my purchases appear on my credit card statement as:
06/11/2011 APPLE ITUNES STORE SYDNEY AUS $1.98
IANAL but you can probably go after these guys in any of the jurisdictions that the knockoff app is sold in.