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JD 1992
JD 1992, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 33405
Experience:  18 years experience
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As I understand it, a developer who is trying to publish an

Customer Question

As I understand it, a developer who is trying to publish an app on the Apple or Google Play stores needs to follow trademarks laws. I want to include the word "Mad Libs" in my app title. However, a larger company own the trademark on the term "Mad Libs" for wireless devices.
However, if I simply change the title of my app so that it appears as "mAD lIbS" on wireless devices I breaking trademark rules or am I in the clear.
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  JD 1992 replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. While determining what is a "fair use" and what is close but allowed is difficult, but in your case that is almost certainly a violation of the trademark laws. What the court looks at, first, is spelling, and obviously this crosses that line, and then the court look sat whether the mark is likely to cause confusion. Your mark is not likely to pass these tests and Google almost certainly will reject it at some point. In addition, it is my understanding that if they make a determination that a trademark has been violated then they don't release the money that was accumulated to that point as well.

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