App Store Name or LLC

DevilsDevils Member Posts: 561
edited November -1 in Working with GS (Mac)
Well I think I'm running into a problem my company name DreamSparks LLC was approved by the state of Indiana. I've had it since March of 2009 and now I have some people telling me that I could be taken to court by Microsoft, because apparently they have something called DreamSpark. I'm worried if I upload my game into the Apple App Store that they might eventually come after me. Do you guys think thats possible? I mean personally I don't think they can since I have an LLC that was approved by my state. I did not steal there name nor did I know that they had a software or website whatever it is under that name to begin with. So should I try to get a different name or stick with the LLC I already payed to have and have had since 2009?

Comments

  • DimensionGamesDimensionGames PRO Posts: 993
    Im no expert but if they did I doubt they would try and sue you maybe just a take down issue for your apps sold under that name. But i can't see how they can if you own it. I heard that if two bussinesses have a very similar name but there is a visible difference between the two and the consumer wouldn't be confused that it's ok.
    I maybe wrong about that so don't hold me to it :)
    Maybe send them an email asking about the matter and see what their response is?

    Cheers

    PS
  • tenrdrmertenrdrmer Member, Sous Chef, Senior Sous-Chef Posts: 9,934
    I think i would stick with it. I'm no lawyer but a quick trademark search shows Microsoft registered DREAMSPARK as a trademark july 2008. But they have only registered DREAMSPARK and not DreamSparks LLC. It would definitely be a grey area if they tried something but I think the first thing would be to ask to you change the name. I don't think its close enough along with the fact that microsoft dreamspark is a service that appears to be intended to for educational purposes and not selling apps on the app store. If it were me i would go with it. there are tons of business out the with similar names. If you were really concerned you could register your name with the US trademark Office but that looks pretty expensive.
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  • TymeMasterTymeMaster Member Posts: 527
    Here is how it will go down (if it does), the person with the most money will win. Microsoft, if they wanted to, would just run you bankrupt with legal fees. It does not matter who is right or wrong, its all about who can afford the tremendous legal costs and lawyer costs (as a corporation you will need to hire a lawyer, you cannot legally defend the corporation yourself).
  • DevilsDevils Member Posts: 561
    Well I e-mailed them so I will wait for there response. I personally don't think they can sue me since the name is different so I don't see it happening. I would think that if they planned to anyways they would contact me before hand and ask me to change the name like tenrdrmer said.
  • dee99dee99 Member Posts: 100
    i would say fight the power, stick it to the man, but last time i said that something bad happened
  • MotherHooseMotherHoose Member Posts: 2,456
    also with trademarks..usage counts; if ms hasn't used it and you have, your rights are stronger.

    Still and all I don't think they would sue...just notify you to cease and desist...

    with @tenrdrmer on this one...stick with it...
  • DevilsDevils Member Posts: 561
    I have checked to see if the name DreamSparks LLC is a Trademark of Microsoft and it's not one of them they do have DreamSpark. So I guess I am alright I will proceed and see what happens later since I already have a tax ID number with this company and I did pay the legal fees for the Indiana State.
  • tenrdrmertenrdrmer Member, Sous Chef, Senior Sous-Chef Posts: 9,934
    MotherHoose said:

    with @tenrdrmer on this one...stick with it...

    Yippee, someone agree's with me. :) lol
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