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Ask Alex Reese Your Own Question
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3465
Experience:  Experienced in intellectual property law
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What is a good way of telling Apple/The App Store that one

Customer Question

What is a good way of telling Apple/The App Store that one of the apps being distributed uses a name that infringes on your trademark? I found the IP abuse reporting page on their web site, but I don't know how to succinctly spell out my case. I have a
federal trademark and it's incontestable. Thanks!
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 1 year ago.
well the first thing is you should be contacting the app maker first, then the App store second. you simply state your identity and that you have the registered TM (provide the registration #) and the App's use of the same/similar name for same/similar services is likely to cause consumer confusion (if you believe that to be the case) and violates your TM rights.
Customer: replied 1 year ago.
Let me ask you this: in your professional experience, is there a way I could think about this situation in order to make a decision on a path forward? To clarify, what would you recommend I do to evaluate if I should, say, invest $1,000 into advertising to increase my presence on social media and/or the web, in order to raise my visibility; or invest the $1,000 into an IP attorney to send a C&D and possibly more on further communication or litigation? I feel this is a big decision because I do have the trademark and I understand a responsibility of owning that TM is defending it.
Expert:  Alex Reese replied 1 year ago.
good question but really hard to say. if you really feel this person's usage is damaging your growth or customer association, then I would go ahead with the C&D route. However, if you are at a critical stage in your development/marketing, then I would focus on your growth before trying to chase down potential infringers....although I would not let them linger too long as there could be legal implications of waiting too long (but some competitors don't last long).

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