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bestgamesstudios

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Reply with quote  #1 
Recently got this email from Google Play


 

Quote:

Google Play has received a trademark complaint regarding your app, Ragdoll Dismount : Stickman (package ID: com.bgs.ragdoll.dismount.kill.stickman), the details of which may be found at the end of this message. We have attached a copy of the original notice we received for your reference.

We encourage you to resolve this matter with the complainant directly. If you are unable to resolve this issue with the complainant, we may need to remove your app from Google Play. If you have any further concerns about this issue, please address them directly to the complainant in the Trademark Infringement Notice provided.

Regards,
The Google Play Team

Text copy of the complaint:

full_name: Taina Myöhänen
your_title: COO
companyname: Secret Exit Oy
address: Hämeentie 33, 00500 Helsinki, Finland
country_residence: FI
contact_email_noprefill: info@secretexit.com
phone: +358408200337
trademark_relationship: Employee
tm_work: DISMOUNT: European Union Community Trademarks no: 014133714, US
USPTO registration no: 4781561
android_app_url:
https://play.google.com/store/apps/details?id=com.kaapico.nitrodismount
android_app_url:
https://play.google.com/store/apps/details?id=com.kaapico.ragdollfrag
android_app_url:
https://play.google.com/store/apps/details?id=com.osagg.santafall
android_app_url:
https://play.google.com/store/apps/details?id=com.watermelonbone.MyCraftDismount
android_app_url:
https://play.google.com/store/apps/details?id=com.gamesandapps.boxing.action.fight
android_app_url:
https://play.google.com/store/apps/details?id=com.bgs.ragdoll.dismount.kill.stickman
android_app_url:
https://play.google.com/store/apps/details?id=com.maltd.hoverboardfall
android_app_url:
https://play.google.com/store/apps/details?id=com.VariousGames.HardDismount
android_app_url:
https://play.google.com/store/apps/details?id=com.VariousGames.HardDismount2
android_app_url:
https://play.google.com/store/apps/details?id=cobalt.kill.the.ragdoll.stickman.dismount
android_app_url:
https://play.google.com/store/apps/details?id=com.akrasoft.zombiedismount
trademark_explain: Dismount, in the context of videogames, is a registered
trademark of Secret Exit.
tm_sworn_statement1: tm_good_faith
tm_sworn_statement2: tm_swear
NoticeToDeveloper: agree1
signature_date: 1/28/2016
signature: Taina Myöhänen
subject_lr_trademark: Your Request to Google
hidden_product: googleplay
geolocation: FI


:---- Automatically added fields ----:
Language: en
IIILanguage: en
auto-helpcenter-id: 1647639
auto-helpcenter-name: legal
auto-internal-helpcenter-name: legal
auto-full-url:
https://support.google.com/legal/contact/lr_trademark?product=googleplay
auto-user-logged-in: false
auto-user-was-internal: false
IssueType: lr_trademark
form-id: lr_trademark
form: lr_trademark
subject-line-field-id: subject_lr_trademark
body-text-field-id:
AutoDetectedBrowser: Firefox 43.0
AutoDetectedOS: Macintosh Desktop 10.8
MendelExperiments: 10800005,10800027,10800079


my reply:

Quote:
Hello! I have taken steps to make sure everything is now ok, the steps that were taken are:
1.updated the store listing (titles/descriptions)
2. update the apk file's game name
 
hopefully, now everything should be ok - if there are more issues please contact.
thanks in advance!





From the email, it lists many games and not just my games, and seems Martin's game was also affected- hopefully he noticed this email. Luckily, doesn't seem to count as a strike. 
I also read/head it's important to reply to these emails, so that the "bots" see that you noticed it/are doing something.

EDIT: wow, good thing I posted this/re-read this - it also says:

Quote:
We encourage you to resolve this matter with the complainant directly


So, I sent a similar email to them as well with a link to my app - hopefully, all will be good


 

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Hello World v.2

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Reply with quote  #2 
Quote:
trademark_explain: Dismount, in the context of videogames, is a registered trademark of Secret Exit.


Nice whats next ? do they trademark "game" "jump" and "fight" ???

This gets so annoying with this whole trademark thing.
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Hello World v.2

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Reply with quote  #3 
Would be nice to see if this makes a difference in downloads + revenue after you changed this keyword.
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bestgamesstudios

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Reply with quote  #4 
Quote:
Originally Posted by Hello World v.2
Would be nice to see if this makes a difference in downloads + revenue after you changed this keyword.


yes, I will definitely be tracking this and post the results - on the "plus" side, I may get less competition from those who didn't change their apps in time and they got removed. Still, meaningful results will come in the coming weeks, as anything sooner will just be noise.

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bestgamesstudios

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Reply with quote  #5 
made a quick video for my dev diary about this:

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bones86

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Reply with quote  #6 
Ugh, screw the trademark offices for allowing a single verb to be trademarked.  It's the same bullshit going on with the Fine Bros right now and their current attempt to trademark the word "react".  I think Reddit will be interested in reading about this if you want to post it there.
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bestgamesstudios

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Reply with quote  #7 
Quote:
Originally Posted by bones86
Ugh, screw the trademark offices for allowing a single verb to be trademarked.  It's the same bullshit going on with the Fine Bros right now and their current attempt to trademark the word "react".  I think Reddit will be interested in reading about this if you want to post it there.


yup - Martin's "Kill The Ragdoll : Stickman Dismount", which was mentioned in the above document has been down for a while now so I assume twaz taken down, so my condolences- btw I was contacted by them, and they said they asked me to change the itunes/Amazon versions of the app as well - so Martin I advise you to do that for "Kill The Ragdoll : Stickman Dismount" so it doesn't disappear from there as well

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rayleigh

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Reply with quote  #8 
jop they send me also a email lol
he must also the bundle identifier  be change or not =??
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bestgamesstudios

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Reply with quote  #9 
Quote:
Originally Posted by rayleigh
jop they send me also a email lol
he must also the bundle identifier  be change or not =??


well, the bundle ID can't be changed (at least on Google Play - haven't tried it on itunes)

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Martin

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Reply with quote  #10 
Hey guys. Thanks for posting and sharing this.
Yeah I seen the notice too. It didn't get suspended by google. I just unpublished the game temporarily and replied to google to let them know. I'll also be replying to the dev company to get the issue resolved.

True its a real pain that companies can trademark a single word like 'dismount' or 'candy'. It feels like its a real uphill battle on the app stores.

I'll let you know if anything happens to our game, but we'll need to update the amazon and iOS one too. What a pain :s

Martin
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kompleted.com

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Reply with quote  #11 
Quote:
Originally Posted by Martin
Hey guys. Thanks for posting and sharing this.
Yeah I seen the notice too. It didn't get suspended by google. I just unpublished the game temporarily and replied to google to let them know. I'll also be replying to the dev company to get the issue resolved.

True its a real pain that companies can trademark a single word like 'dismount' or 'candy'. It feels like its a real uphill battle on the app stores.

I'll let you know if anything happens to our game, but we'll need to update the amazon and iOS one too. What a pain :s

Martin

Reading this last night made it really difficult to sleep. Had to watch a bunch of animated cartoons to forget the terrifying thought of getting slapped with a trademark threat. 

Is there really no way to fight against this sort of nonsense? 

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Rick

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Reply with quote  #12 
I've been down this road before.  :-)  I used the word "Taser" for my stun gun app.  I called it "Taser Stun Gun"  Unbeknownst to me, the taser is trademarked.   Taser however is not a "dictionary" word.  It's actually an acronym for Thomas A. Swift's Electric Rifle.  Who knew?  It has so much widespread use that many people including myself thought it was a real dictionary word.  Unfortunately with this app, there was no warning.  It was suspended right away and that was the end of the story.

I actually ended up contacting there paralegal and even sending their CEO a message through Linkedin explaining my situation and offered to possibly make some sort of arrangement.  After several months of corresponding with the paralegal, they agreed to release the takedown notice as long as I changed the artwork and the name.  It's a real God-thing that that happened.

Anyway, I would suggest that anyone looking to publish an app and are concerned that the word or words used in the title may be trademarked to look it up in the trademark database.

http:// http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4807[redface]ovndh.1.1

This is my first post - I would have come here more, but this page kept crashing my browser.  I don't know if it's the flash (now disabled) or what.  Yes, I use crappy firefox, but it would be too much of a pain right now to switch...
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kompleted.com

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Reply with quote  #13 
Quote:
Originally Posted by Rick
I've been down this road before.  :-)  I used the word "Taser" for my stun gun app.  I called it "Taser Stun Gun"  Unbeknownst to me, the taser is trademarked.   Taser however is not a "dictionary" word.  It's actually an acronym for Thomas A. Swift's Electric Rifle.  Who knew?  It has so much widespread use that many people including myself thought it was a real dictionary word.  Unfortunately with this app, there was no warning.  It was suspended right away and that was the end of the story.

I actually ended up contacting there paralegal and even sending their CEO a message through Linkedin explaining my situation and offered to possibly make some sort of arrangement.  After several months of corresponding with the paralegal, they agreed to release the takedown notice as long as I changed the artwork and the name.  It's a real God-thing that that happened.

Anyway, I would suggest that anyone looking to publish an app and are concerned that the word or words used in the title may be trademarked to look it up in the trademark database.

http:// http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4807[redface]ovndh.1.1

This is my first post - I would have come here more, but this page kept crashing my browser.  I don't know if it's the flash (now disabled) or what.  Yes, I use crappy firefox, but it would be too much of a pain right now to switch...

Hi! Welcome to the forum!
So Google immediately suspended your app with no warning? How come you weren't able to just contact Google, tell them that you have changed the app name and have the app back up in no time? Or is it that when an app is disabled, you cannot change any of its details?

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bestgamesstudios

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Reply with quote  #14 
Quote:
Originally Posted by Rick
I've been down this road before.  :-)  I used the word "Taser" for my stun gun app.  I called it "Taser Stun Gun"  Unbeknownst to me, the taser is trademarked.   Taser however is not a "dictionary" word.  It's actually an acronym for Thomas A. Swift's Electric Rifle.  Who knew?  It has so much widespread use that many people including myself thought it was a real dictionary word.  Unfortunately with this app, there was no warning.  It was suspended right away and that was the end of the story.

I actually ended up contacting there paralegal and even sending their CEO a message through Linkedin explaining my situation and offered to possibly make some sort of arrangement.  After several months of corresponding with the paralegal, they agreed to release the takedown notice as long as I changed the artwork and the name.  It's a real God-thing that that happened.

Anyway, I would suggest that anyone looking to publish an app and are concerned that the word or words used in the title may be trademarked to look it up in the trademark database.

http:// http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4807[redface]ovndh.1.1

This is my first post - I would have come here more, but this page kept crashing my browser.  I don't know if it's the flash (now disabled) or what.  Yes, I use crappy firefox, but it would be too much of a pain right now to switch...


Thank you!! though the link got messed up - can you re-send it somehow? This would be veeeery useful for me- I was actually hoping this sort of list existed somewhere but my own searches failed

EDIT: link for searching http://tinyurl.com/hfvem8a

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Rick

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Reply with quote  #15 
Hi @kompleted.com,

Thanks!  Yes, it was suspended immediately.  And, yes, I wasn't able to make any changes to it whatsoever.  It was very frustrating/discouraging since that was my highest grossing app. 

Hi @bestgamesstudios,

Yeah, I saw that it was messed up after it posted.  I figured people could just do a search.  Thanks for reposting!
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kompleted.com

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Reply with quote  #16 
Quote:
Originally Posted by Rick
Hi @kompleted.com,

Thanks!  Yes, it was suspended immediately.  And, yes, I wasn't able to make any changes to it whatsoever.  It was very frustrating/discouraging since that was my highest grossing app. 

That really sucks. I guess you have to hope that your game gets big enough and generates enough revenue that Google will side with you over other parties. The only way to win is to have Google on your side. 

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