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Apple is threatening to take down my app because of a bogus trademark claim

16 点作者 alirsgp将近 4 年前
I own the app called &#x27;Cuff&#x27; on the app store. Cuff is a popular 1 on 1 video chatting app, and it has many competitors. One of the competitors is a Chinese owned app called &#x27;Monkey&#x27;.<p>They don&#x27;t like how I rank for the search term &#x27;Monkey&#x27;, and demand a monopoly on the search results for the term.<p>I don&#x27;t have the term in my keywords or anywhere in my app meta-data. But my app still ranks for the keyword. It ranks for a lot of keywords I don&#x27;t have directly in my meta-data. I guess because of its overall popularity?<p>Anyways, they are saying I am infringing on their trademark, and I have no clue what action to take. Apple says they can remove my app if I don&#x27;t act, but there&#x27;s literally no action to take.<p>Do I have legal grounds here? I am thinking if Apple removes my app, I can take them to small claims court to try to make a case for reinstatement, since I am a one-man shop for the app.<p>It really sucks this is happening. I hate how some random Chinese shadow tech company can make Apple do their bidding in the US, so that American individuals&#x2F;companies can&#x27;t fight back. Since they are in China, I don&#x27;t even know how I can take action against them for bogus trademark claims.<p>The only action I can think of is to take against Apple.

6 条评论

brudgers将近 4 年前
This kind of thread invariably suggests to me there might be more to the story. I went to the homepage for the app. <a href="https:&#x2F;&#x2F;cuff.live&#x2F;" rel="nofollow">https:&#x2F;&#x2F;cuff.live&#x2F;</a><p>I clicked on the Twitter link and Twitter shows the account suspended. <a href="https:&#x2F;&#x2F;twitter.com&#x2F;cuffdating" rel="nofollow">https:&#x2F;&#x2F;twitter.com&#x2F;cuffdating</a> It&#x27;s not that it makes the story here false. But getting banned by Twitter seems to take some deliberate efforts.<p>Also there&#x27;s the similarly named &quot;cuffing&quot; It has been on the app store since 2015 and appears to have similar functions. <a href="https:&#x2F;&#x2F;apps.apple.com&#x2F;us&#x2F;app&#x2F;cuffing-online-dating-app&#x2F;id1006329481#?platform=iphone" rel="nofollow">https:&#x2F;&#x2F;apps.apple.com&#x2F;us&#x2F;app&#x2F;cuffing-online-dating-app&#x2F;id10...</a><p>Oh hell, I didn&#x27;t even need to go to that much trouble. The OP had a similar post months ago and got advice from HN.
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siquick将近 4 年前
&gt;&gt; I hate how some random Chinese shadow tech company can make Apple do their bidding in the US, so that American individuals&#x2F;companies can&#x27;t fight back.<p>Hope you get it solved but this attitude just isn&#x27;t going to help you.
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sfgweilr4f将近 4 年前
Get real legal advice then consider appropriate action. Time is not your friend. Depending on Apple&#x27;s whims you could actually lose app store access as they stumble and fall over themselves to be as slow to respond as possible. It is very likely you won&#x27;t get any sensible answers from Apple regarding any of this. Or any answer at all.<p>If you can take them to small claims court, do so. But for all you know you might not even be able to take them to that court.<p>Find out for sure. ASAP.
readflaggedcomm将近 4 年前
Was all communication by&#x2F;through Apple? Which means Apple blames you for their own algorithm?<p>Maybe if you respond tersely and factually there there is now no infringing material, it triggers a manual review that should have happened in the first place.
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vaxman将近 4 年前
What part of their Developer Agreement where it says NOT to go running to the press, did you fail to understand?<p>Regardless of the original issue, what are your long term prospects as a going concern in their store after doing just that?<p>Strange times we live in.
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atatatat将近 4 年前
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