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Apple is complying with Chinese shell companies to take down my apps

21 点作者 alirsgp大约 4 年前
I have video chatting apps on the App Store and there are Chinese shell companies who submit takedown notices for generic terms, and Apple asks me to comply.<p>They ask that I don’t even rank for certain keywords. And they don’t even provide information on their trademark number. They just want less competition.<p>I want to know what my options are. Apple is also not clear when I ask them why an app like Instagram can show up when I search Snapchat.<p>What legal recourse can I take here?<p>The Chinese company submitting takedowns against US devs is Beijing Lakesha Network Technology Co. Ltd.

3 条评论

zhte415大约 4 年前
I suggest you change the name of you app.<p>This seems like a legitimate company and not a trademark farmer [1] with a video conference&#x2F;messaging app with the name MONKEY and the corresponding valid trademark.<p>And what does the company being Chinese have anything to do with anything?<p>Also not a &#x27;shell&#x27; company. A quick Baidu tells me the company is called 北京拉克沙网络科技有限公司 with a registered capital of 35,000,000 Yuan.<p>[1] <a href="https:&#x2F;&#x2F;trademarks.justia.com&#x2F;owners&#x2F;beijing-lakesha-network-technology-co-ltd-4573660&#x2F;" rel="nofollow">https:&#x2F;&#x2F;trademarks.justia.com&#x2F;owners&#x2F;beijing-lakesha-network...</a>
zepto大约 4 年前
Can you link to some specifics?<p>Generally people criticize Apple for the opposite - that they <i>don’t</i> respond to takedown requests.<p>It would help a lot to see what exact kind of thing you are dealing with.
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jimsmart大约 4 年前
It depends. In SEO this kind of strategy could be considered to be &#x27;keyword stuffing&#x27;.<p>Apple have specific rules regarding keywords in the App Store, as I&#x27;m sure you must already be aware.<p>They specifically state: &quot;The unauthorized use of trademarked terms, celebrity names, or other protected words and phrases is not allowed and is a common reason for App Store rejection. The use of terms that are not relevant to the app and the use of competing app names are similarly prohibited.&quot; [0]<p>— and any of these clauses are what could be biting you, but I specifically suspect, as you claim in another thread that you are in fact using the name of a competitor app in your keywords, it will be the final sentence that you are falling foul of. Even if it is also a generic term, if that term is not relevant to your app (is your app actually about monkey(s)? I guess not, otherwise there would be little argument), then you will have little recourse: you have already agreed to these terms as part of one of your contractual agreements with Apple.<p>Furthermore, I suspect that, because of the way this clause is worded, the offending keyword doesn&#x27;t even need to be protected by trademark law: it merely needs to be the name of a competitor&#x27;s app.<p>Should you choose to challenge it, you will need to build your case around those three clauses: the first is standard copyright&#x2F;trademark law stuff. Sure, one can argue it&#x27;s a generic term, but then one&#x27;s actions (using the keyword in your context) would still appear as possible &quot;passing off&quot;. Then you would have to prove that the ostensibly generic term in question is in fact relevant to your app. But you&#x27;re gonna get stuck with that final clause if your keyword is in fact the name of a competitor&#x27;s app. I don&#x27;t think there&#x27;s much argument there, and this is likely a part of the agreed contract between Apple and yourself.<p>That&#x27;s how I read it anyway. But I&#x27;m certainly not a lawyer, (I&#x27;m a software engineer), though I have dealt with a bit of contract law over the years. I&#x27;d also advise you to seek proper legal advice if you intend to try and challenge any of Apple&#x27;s contracts, because Apple most certainly have already in the first instance, and losing one&#x27;s developer license — particularly over something as small as keyword stuffing — could likely be quite devastating in many instances. (I&#x27;m certainly not saying don&#x27;t challenge their contract at all, merely that you should make the right preparation if you intend to do so: it&#x27;s pretty easy to find legal advice on contract law)<p>[0] <a href="https:&#x2F;&#x2F;developer.apple.com&#x2F;app-store&#x2F;search&#x2F;" rel="nofollow">https:&#x2F;&#x2F;developer.apple.com&#x2F;app-store&#x2F;search&#x2F;</a>
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