WARNING - Reserved Names to be deleted in 30 days! (120 days from reg)

JCFord

I have reserved several names in iTunes connect for future apps I am developing and although the dates are set for release in 2011, I have had several emails from apple to day as below.

How can I keep these names, has anyone else had these emails?

----------------------
EMAIL FROM APPLE

You have not yet uploaded a binary for your app. Our records show that this app was created in iTunes Connect more than 90 days ago.

If you do not upload a binary for your app by 10 October 2010 (Pacific Time), it will be deleted from iTunes Connect. The app name will then be available for another developer to use.

To upload a binary, first sign in to iTunes Connect and check that your app's status is Waiting for Upload. Then use Application Loader to upload your binary.

If you have any questions regarding this notice, click Contact Us in iTunes Connect.
Regards,
The iTunes Connect Team

JCFord

I have just googled this, I have since found out that Apple is sending these emails out to all developers to stop App Name Squatting, so Apple gives you 90 days from registering a name and then a 30 day warning, so you now only have 120 days to develop your app once you register the name!!!!!!

JCFord

hrsmedia

What about if you upload a binary then reject it? Does it reset?

JCFord

The only options I can think of is:

1. To upload an incomplete project, so it gets rejected, or if accepted set the release date to 2011.

2. Once its removed from your account, quickly re-register, but who knows if these names go into a holder pool for so long like domain names?

TymeMaster

I'm glad they are doing this

JCFord

@ tymemaster IMO its not a good idea, and I will tell you why...I learnt the hard way, where I spent months developing my first game and when I finally came to put it on the app store, the name was gone! I then had to find a new name and redevelop part of my game as the name was interconnected and a vital part of it.

So this time round I have pre-registered the name first, and as a part-time app developer, juggling a full-time job and a family, its difficult for me to spend time developing from start to finish and 120 days is not near enough for a quality app!

hrsmedia

Yea 90 days is not enough time. Plus what if you already have the name trademarked? That would be annoying.

Rob2

They should run something similar to the way they do UDIDs. You can have up to 10 names reserved at any time and once an app is released a space is freed up in your reserved names list.

firemaplegames

Yeah, I got this email today too. Yikes! I only have two reserved, my current game and another game I was working on. Finishing this one and that knocking that one out in a few weeks is going to be tough!

BeyondtheTech

Ya, there was a reserved name for Spellcaster, but no binary on the App Store. So, I had to be vain and name it after myself.

JCFord

It's a shame they are only give 120 days from registering to expiring - 1 year would be a more realistic timeframe to stop name squatters.

TymeMaster

Well if we dont agree with Apple policy, you can always go develop for droid.

IntelligentDesigner

I just wrote them a request to cease and desist this attrocious policy:
====
I have reserved this and many other names for programming game apps and entertainment apps. These take more than 90 days to develop, and I do not wish to find the name not available when my app is finished.

I intend to make quality apps, unlike those who scramble to submit thousands of iFart apps in an hour or so. Quality takes time, and setting up a business requires advance planning. So why are you now indicating that apps need to be quickly and shoddily cobbled together in order to match and reserve the name conceived?

I can of course submit some crap to hold the place, but what is the point? Good quality takes time, and a good app starts with a concept which is related to its name.

Please reconsider your non-business like suggestion to deprive name creativity.

Thanks for your consideration,

We'll see what they reply.
Hey if they can reverse the 3.3.1 restriction, maybe they can reverse this, too.

AfterBurnett

Nicely worded :-)

synthesis

We got this too...for 2 names we reserved because we are doing an app series of 5. We have 3 done and 2 to go...and with this policy shift...someone might release an app stealing our series name. It sucks.

@ ID...
It seems to me they should at least cap it at 10...You might offer that suggestion. Where you can have up to 5 or 10 names reserved at any given time for 1 year. I can understand that you shouldn't be able to reserve 100s indefinitely (as I am sure some marketing firms are doing that). I also imagine that some firms are considering selling naming rights...similar to URLs...which this policy shift would eliminate that option.

But geez...4 months? Its kinda short....I agree.

IsabelleK

Could you please explain to me how to make a reserved app name?

Thank you.

synthesis

You submit an app...but don't upload any binary and wait to publish the submission.

Apple has now put an expiration date on app submission that have been started...but not completed.

TymeMaster

IntelligentDesigner said:
I just wrote them a request to cease and desist this attrocious policy:
====
I have reserved this and many other names for programming game apps and entertainment apps. These take more than 90 days to develop, and I do not wish to find the name not available when my app is finished.

I intend to make quality apps, unlike those who scramble to submit thousands of iFart apps in an hour or so. Quality takes time, and setting up a business requires advance planning. So why are you now indicating that apps need to be quickly and shoddily cobbled together in order to match and reserve the name conceived?

I can of course submit some crap to hold the place, but what is the point? Good quality takes time, and a good app starts with a concept which is related to its name.

Please reconsider your non-business like suggestion to deprive name creativity.

Thanks for your consideration,

We'll see what they reply.
Hey if they can reverse the 3.3.1 restriction, maybe they can reverse this, too.

Apple no doubt is getting a good laugh at your expense. I hate to break this to you, but forget about the app store right now for the moment and pretend you are a real software developer, tell me, exactly who do you go to when you want to reserve a name? Answer: You copyright and trademark the game BEFORE you release it. Then, when you are ready to release, if someone used the name you can have it removed because you have the legal rights to it.

So, why on earth would the app store operate any differently?

I don't know how you guys come up with this crazy !@#$%

The fact of the matter is that if lets say I happen to trademark a name you reserved with apple, I can have your app removed! See how that works? Apple doesn't control the law, and they don't want to deal with squatters. If you really want a name, cough up some money and trademark it.

StusApps

TymeMaster said:

The fact of the matter is that if lets say I happen to trademark a name you reserved with apple, I can have your app removed! See how that works? Apple doesn't control the law, and they don't want to deal with squatters. If you really want a name, cough up some money and trademark it.

Not strictly true. All of your game names are protected by common-law trademark rights within their area of influence. Certainly registration makes the process of litigation easier but within the US and UK you will have legal rights to your name simply by having used it in a published app.

However I do think a way to combat app name squatters is a good thing as I've come across 2 names already I can't have and there is no app on the store (and I doubt there will ever be).

I think the chances of app names being taken during development time are not that great if you have a reasonably original name.

JCFord

@ IntelligentDesigner - a nice post, good to see if you ever get a response back from apple!

IntelligentDesigner

Follow up post:

( and I must say some people are confusing trademark with copyright law, I have secured legal copyright to the app and its title for each of the apps I have pre registered. Contrary to some amateur legal advice a Form TX from the US government proves prior legitimate use. Margaret Mitchell did not have to Trademark "Gone with the Wind" to keep the title, it is associated with the registered work, and cannot be used by any other third party without permission. I am basing my position on a full career in software application development, not pontificating in my parent's basement. But do not take my advice for yourself - I will not be responsible for advising other parties, Buy a lawyer's time.)

Follow up to Apple re: "Squatting"

To suggest that planning ahead for future marketing to support development is "squatting" is ludicrous. So is calling registering an application name to ensure it is available for when you complete it "squatting"

What happens in a few months when I finish my apps that are copyrighted under those names and someone else has grabbed my marketing name? Do we go into copyright battles to have them relinquish the name that is a title of my valid Form TX copyright registered with the US Government? I can assure you that I have valid copyrights on each and every application title I have submitted, notwithstanding declining to submit binaries of works in progress.

If another entity submits an app with my title a few days earlier yet, my copyright is substantially earlier then they are not exercising "...legitimate third party use..." under the exact same clause you are quoting, this means that they, not I am guilty of violating the letter and spirit of iOS Developer Program License Agreement (3.2)

Do you expect me to call my app SPaR Classic (the Original)? As you well know the primary first glance attractor of an app is its name, both title and icon.

You certainly ought to rethink this unless you hope to become even further inundated with lousy unfinished apps, which is the natural result of forcing a developer to quickly throw together a lesser product to avoid getting screwed marketing-wise. Already, the vast majority of apps on the app store are not worth the time it takes to download and only serve as bandwidth wasters.

Hunnenkoenig

Copyright issues are a hard one.
I don't know, how to handle this, but I can tell you one thing: If I take your registered US title in europe, you can take your certificate of copyright to your next session on the toilette.

The appstore is operating worldwide. You can't force me to remove my app in your country's appstore, just because some texan office stamped a piece of paper for you. And for sure can't you force me to remove it in my country's appstore :-)

I don't say, it's ok this way, but I think, there is not much to do. You have to take it as it is as long as the earth is separated in different countries :-)

JCFord

I sent a similar email to Apple earlier this week, and am sad to say, just got fobbed off with a generic reply as below:

Follow-up: XXXXXXXXXXX

Hello,

Your app will be deleted from iTunes Connect if you do not upload an app by the designated date in the expiry notice email so that your name is freed up for use by the developer community.

Per section 3.2 of the iOS Developer Program License Agreement, to which you agreed, squatting on an app name to prevent legitimate third party use is prohibited.

For more information regarding email alerts you will receive to remind you of this policy, see the App Name Expiry section of the iTunes Connect Developer Guide:

http://itunesconnect.apple.com/docs/iTunesConnect_DeveloperGuide.pdf

If you have any further questions regarding this, please let us know.

Best Regards,

iTunes Connect Support
itunesconnect.apple.com

LAdrian

I'm sorry guys but I'm on Apple side. I'm sure that there are a lot of people taking advantage of this, registering dozen of names "just in case".
120 days seems to me more than enough to finish an app. I would be pissed if I wanted to use a name just to find out that was registered by some else that didn't even had an app for it.

To me it's exactly like web domains where there are many people buying all kinds of name just to sell them after and this is what I think that apple tries to prevent.
Seriously, it's not fair for others to register 3 or 4 names for apps that are going to be ready in an year at least (a serious app should require at least 3 months of development).

JCFord

LAdrian said:
a serious app should require at least 3 months of development.

If by "serious app" you mean a highly polished and professional app, then I disagree and it would take more then 3 months from Concept > Planning > Creative > Build > Testing > Release

JCFord

LAdrian

I said at least and not at most

And the problem is not with one name but with people that are registering 3 or 4 names and if you do a simple mat you can see that at least one of the names will be used after a year (assuming that he spends only 3 months for each app - rarely the case for something that's professional )

Is that ok with you?

TymeMaster

@IntelligentDesigner You're incorrect, but I have a simple suggestion. If you don't like how Apple does business, you are not forced to work with them.

The first person to hit the virtual app store shelves with a game IS and should always be the owner of that title provided it was not legally trademarked by someone else earlier. So I for one applaud apple for doing the right thing. Tough luck to the squatters.

IntelligentDesigner

Tyme, you are entitled to your opinion -- but clearly you do not have the slightest idea of the nuances of intellectual property law. Give it another thirty or so years and you'll catch up if you pay attention rather than bashing people with more experience.

Have you trademarked anything? If you had you'd know it requires an exhaustive legal search to determine if any other entity has a prior claim, including titles of books, music, and software (not to mention various other forms of artwork such as paintings or sculpture) A copyright holder has the right to make derivative works, but you do not unless granted permission by the legal owner.

What Apple is attempting will stifle creativity and lead to more "one-hour crap apps" which unfortunately is the majority of the app store now. Real businesses make plans including marketing for titles and catchphrases long before committing hundreds and hundreds of man-hours to create properly designed apps.

Just as Apple changed their minds on 3.3.1 which could have been and was used to squelch third party app creators, they may come to their senses on 3.2.