Infringement of 9Gag's trademark [pdf] • Hacker News Board

Re: Infringement of 9Gag's trademark [pdf]

#11

Post by fosfori » Fri, Mar 22, 2013, 4:32 AM UTC

ruqqq wrote: post #5

signed0 wrote: post #3

Seems like they are saying "Take down your app or we will complain to Google and have them take it down". If this is the case, what is the harm in leaving it in the Play Store and forcing them to jump through hoops? If they do get it taken out of the Play Store, you could always provide the .apk for people to download.

True enough. But they can always send a legal time my way at the same time. As an indie developer, ain't nobody got time for that..

Move the ownership of the controversial material to somebody located in Europe. They don't have valid trademark here I assume, and the process should be easy enough. Of course that still leaves them able to ask for removal from US Google Play, but at least they can't sue you.

Re: Infringement of 9Gag's trademark [pdf]

#12

Post by redthrowaway » Fri, Mar 22, 2013, 4:36 AM UTC

signed0 wrote: post #3

Seems like they are saying "Take down your app or we will complain to Google and have them take it down". If this is the case, what is the harm in leaving it in the Play Store and forcing them to jump through hoops? If they do get it taken out of the Play Store, you could always provide the .apk for people to download.

I have no idea how the Play Store works, but I imagine having claims against you would bode poorly in future disputes. If it's not something you mean to contest, why bother?

Re: Infringement of 9Gag's trademark [pdf]

#13

Post by ben1040 » Fri, Mar 22, 2013, 4:36 AM UTC

hayksaakian wrote: post #6

Ironic that a site that runs on borrowed content is suddenly appalled that someone else borrows their content.

I had never even heard of 9Gag before until now. It definitely looks like this decade's iteration of eBaum's World, except instead of "borrowing" Flash games from their original creators, it's skimming images from Reddit.

Re: Infringement of 9Gag's trademark [pdf]

#14

Post by fosfori » Fri, Mar 22, 2013, 4:44 AM UTC

ben1040 wrote: post #13

hayksaakian wrote: post #6

Ironic that a site that runs on borrowed content is suddenly appalled that someone else borrows their content.

I had never even heard of 9Gag before until now. It definitely looks like this decade's iteration of eBaum's World, except instead of "borrowing" Flash games from their original creators, it's skimming images from Reddit.

Why should you have? There's plethora of these "funny image sites" out there, but this just happens to have the biggest watermark in "their" pictures.

Re: Infringement of 9Gag's trademark [pdf]

#15

Post by ihuman » Fri, Mar 22, 2013, 4:47 AM UTC

nemothekid wrote: post #9

ruqqq wrote: post #4

Earlier quoted context omitted.

Hey, I'm the creator of the app. I can't deny the website domain is asking for trouble. Truthfully, I wouldn't mind taking it down, it's just a marketing stunt anyway because back then, they haven't have an official Android app. What irks me is that they refuse to work together _at all_, and worst, their Android app is not up to standard. But well, now that it has come to this, I will pivot to another service which h…

I'm not a fan on 9gag, but I can understand why they wouldn't want to work with you. There are many issues with just having some random guy - despite how good natured he is - in charge of your company's official app.

He's not in charge of the official app. He made a 9gag app, and then 9gag made their own after it. Now 9gag wants him to stop development.

Re: Infringement of 9Gag's trademark [pdf]

#16

Post by itafroma » Fri, Mar 22, 2013, 5:07 AM UTC

ihuman wrote: post #15

nemothekid wrote: post #9

Earlier quoted context omitted.

I'm not a fan on 9gag, but I can understand why they wouldn't want to work with you. There are many issues with just having some random guy - despite how good natured he is - in charge of your company's official app.

He's not in charge of the official app. He made a 9gag app, and then 9gag made their own after it. Now 9gag wants him to stop development.

They're asking ruqqq to stop infringing on their trademark and copyright, not necessarily stop development.

The trademark issue is likely resolvable by removing the "9GAG for Android" tagline and any other implied or expressed official connection to 9GAG that might appear in the app, website, or other marketing materials.

What they're referring to with regards to the copyright violation is a little more complex: are they referring to the user-supplied content? Did ruqqq use 9GAG creative in the app? Something else? If it's anything other than the user-supplied content, which 9GAG doesn't have a copyright on anyway, that should be relatively straightforward to resolve, as well.

But GP is referring to ruqqq's implied offer to make Nine the official 9GAG app (at least in some capacity), not that ruqqq actually is, at this moment, in charge.

Re: Infringement of 9Gag's trademark [pdf]

#17

Post by darkxanthos » Fri, Mar 22, 2013, 5:10 AM UTC

Nah. You crossed a line. You leveraged their brand to build your app's user base and then you essentially say "Let's make a deal." And act appalled when they have a bad taste in their mouth? That's a dick move.

Like the letter said if you're truly just worried for your users redirect them to 9gag's app, but the problem is that's not your real concern apparently.

Re: Infringement of 9Gag's trademark [pdf]

#18

Post by dimka » Fri, Mar 22, 2013, 5:18 AM UTC

9Gag quite often is virtually stealing images from all over the world. But technically they have an upper hand. I think you should just create your own project similar to theirs and direct your users to it, changing the name and complying with their request.

Re: Infringement of 9Gag's trademark [pdf]

#19

Post by sharkweek » Fri, Mar 22, 2013, 5:25 AM UTC

ben1040 wrote: post #13

hayksaakian wrote: post #6

Ironic that a site that runs on borrowed content is suddenly appalled that someone else borrows their content.

I had never even heard of 9Gag before until now. It definitely looks like this decade's iteration of eBaum's World, except instead of "borrowing" Flash games from their original creators, it's skimming images from Reddit.

fun tidbit -- it's actually a YC alum S12 -- I can't stand what they do, but I suppose it's probably on track to make decent money

Re: Infringement of 9Gag's trademark [pdf]

#20

Post by xkcdfanboy » Fri, Mar 22, 2013, 5:30 AM UTC

I'd say you should keep the app up and change some of the names. You did them a huge favor by creating an app and they give you some contrived robotic response? Fuck them. They thrive on stolen content anyhow, it's not like they have much of a leg to stand on.