App brand word is “infringed”? Apple says you can do this!
The brand name of their own app was "infringed" by competitors, but they didn't know how to protect their rights more effectively and quickly, and could only watch helplessly as a large amount of traffic was taken away by competitors. Through sorting and comparison, we found that the situations in which App brand words have been "infringed" can be roughly divided into the following categories: 1. The app brand word is added to the title by competitors. For example, below↓↓ 2. The top 1 search result for the App brand word is maliciously occupied by a competitor. For example, below↓↓ 3. App brand words are misused. (This situation rarely happens now, the specific reasons can be explained below~~) Solution: Theoretically, brand words are the most important keywords of an App. Once they are "infringed" by competing products, no matter which of the above methods is used, it is possible that the traffic of the original App's brand words will be "hijacked" (this phenomenon has a particularly great impact on well-known Apps). In response to this situation, we generally recommend that developers use the following two methods to solve it: one. Contact the product involved in the infringement and ask the other party to take the initiative to stop the infringement Once the above-mentioned behavior is discovered, one of the effective methods is to immediately contact the competing company involved in the infringement, and then inform them that such behavior has or may constitute infringement, and provide evidence to prove their infringement. This method may not only help you solve the problem quickly (we will talk about another method below - complaining to Apple, which will take a certain amount of time compared to "direct contact"), but sometimes it can also avoid unnecessary misunderstandings (sometimes the infringer is not maliciously infringing, or it is just a coincidence, or may not be familiar with the App Store rules ). two. Complain to Apple and ask Apple to stop the other party's infringement If the issue is not properly resolved after contacting Apple, or you cannot find the other party’s contact information, or you do not want to settle it privately, then the best way is to complain to Apple! To prevent various infringements, Apple has introduced various clauses. For example, in the latest Apple App Store review terms, Apple has made the following provisions: In addition, Apple has opened a special channel for complaints/rights protection on its developer website. The URL is as follows: http://www.apple.com/legal/internet-services/itunes/appstorenotices/ The following are the detailed steps after entering the complaint page: 1. After clicking "Continue", you will enter the formal complaint page. Here, we need to fill in contact information such as name, email address, and phone number. The email address is used to receive the latest progress of dispute resolution, so it is best to use a commonly used email address. Of course, if you want to receive notifications of processing progress through other contact methods, you can also click the "plus sign" on the left. 2. After filling in the contact information, you will enter the [Select Dispute Content] page. Here, we can lock the infringing App(s) by submitting links or searching. 3. After locking the infringing app, you also need to select the dispute type and the region where you want to assert your rights. It should be noted that the comment box is a key part of the entire complaint process. The information entered will also be provided to the developer of the selected App, so the content must be written with reason and evidence and clearly describe the infringement. Taking the example of an App brand word being put into the title by a competitor, the complainant is advised to display the name of his own App as well as the title of the other party’s App, and then compare the keywords in the App name and title so that Apple staff can understand the infringing content more intuitively. After the submission is successful, you will receive an automatic reply email from Apple, informing you that the complaint has been received. The general contents are as follows:Thank you for using our web form. We acknowledge receipt and will process your claim shortly. Upon processing, we will contact you further, as well as contacting the developer of the disputed app if appropriate...Afterwards, Apple will send an email with a complaint number. It is recommended that you reply to this email in detail, describe the infringing content in detail, and provide some materials to prove the other party's infringement. At the same time, the infringing party will also receive an email from Apple, the general content of which is as follows: On x/x/2016, we received a notice from xxx that Complainant believes the app listed below infringes its.…..In particular …… Please see their comments below. (On x/x/2016, we received a notice from xxx that Complainant believes the app listed below infringes its.…..In particular …… Please see their comments below.) Developer: xxx Provider: xxx App Title: xxx Apple ID: xxx Comments from Complainant:…… You can reach Complainant through xxx(email: xxxx) , copied on this email. Please exchange correspondence directly with Complainant. (The xxx(email:xxx) copied on this email is the representative of the rights holder. Please communicate with him directly. ) We look forward to receiving written assurance that your application does not infringe Complainant's rights, or that the parties are taking steps to promptly resolve the matter. Please keep us apprised of your progress . Please note that during the course of this matter: 1. Correspondence to Apple must include the reference number noted above in the subject line and copy the other party. All correspondence sent to Apple may be shared with the other party. 2. Written assurance of rights may include confirmation that your application does not infringe Complainant's rights, an express authorization from Complainant, or other evidence acceptable to Apple, and should include documentation wherever possible. (Written assurance needs to include: confirmation that the application does not infringe the rights of the right holder, the clear authorization of the right holder, or other evidence acceptable to Apple, and should include relevant documentation.) 3. Should you choose to remove your application, visit iTunes Connect at…… 4. Developers with a history of allegations of repeat infringement, or those who misrepresent facts to Apple and/or the Complainant are at risk of termination from the Developer Program. 5. Failure to respond to the Complainant or to take steps toward resolving a dispute may lead to removal of the app(s) at issue as in violation of the App Store Review Guidelines and/or the iOS Developer Program License Agreement. Please keep Apple apprised of your progress.It can be seen that items 4 and 5 in the email sent by Apple to the other party are quite intimidating, so the other party generally will not fail to respond. After that, it was a tug-of-war between the two sides. After several rounds of email exchanges, if the other party quickly stops the infringing behavior, Apple will generally not impose penalties after verifying the situation. If the infringement is established and the other party ignores it, Apple may remove the app from the shelves. Final words Competition among apps in major app stores is becoming increasingly fierce, and infringement of brand terms is difficult to prevent. If you find similar infringement, you can consider the above methods to protect your rights. During the complaint process, some details can help us increase our chances of winning. For example, when there is an email tug-of-war, copy the email to Apple and ask Apple to help monitor the other party's actions. If your English is good, provide Chinese and English content when replying to the email (of course, if your English is really not good, you can also describe the infringement in Chinese). In addition, if you encounter copyright, trademark, publicity, keyword or other infringements, you can also use the above-mentioned complaint channels. I believe that Apple’s legal team will give you a reasonable result. Mobile application product promotion services: ASO optimization services Cucumber Advertising Alliance The author of this article @ ASO100小七 is compiled and published by (APP top promotion). Please indicate the author information and source when reprinting! |
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