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Name taken?

Is it ok to publish a game under the name that has been taken by another non-famous app? Or does Apple have rules against it?

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Comments

  • ArmellineArmelline Posts: 4,752Member, PRO

    Apple will check the name you choose against their database of iOS apps. If they find there's already a project with that name, they'll reject you using it. They'll also check the name for profanity etc. when they submit it. They don't care if it's duplicating another app/game's name, but the maker of that other game might.

  • JSprojectJSproject Posts: 730Member

    Famous or not doesn't matter, it is not allowed. You could be sued for doing it.

  • SocksSocks London, UK.Posts: 12,822Member
    edited June 2015

    @Slayre77 said:
    Is it ok to publish a game under the name that has been taken by another non-famous app? Or does Apple have rules against it?

    There's no meaningful legal distinction between 'famous' and 'non-famous' (or successful and unsuccessful, or 'great' and 'terrible' . . etc) in this context - you don't lose or gain specific legal rights based on a measure of success or popularity - that is to say that there is no second tier of laws/statutes with more privileges that kick in when a piece of work becomes popular - everyone is subject to the same laws.

    Once that idea is established the question becomes one of 'can I use the name Clash of Clans or Candy Crush' ? Which is a question that kind of answers itself !

  • JSprojectJSproject Posts: 730Member
    edited June 2015

    @Socks said:
    Once that idea is established the question becomes one of 'can I use the name Clash of Clans or Candy Crush' ? Which is a question that kind of answers itself !

    wtf, are you saying that I can't publish my app as "Candy Crush"... now 3 years of my life is destroyed, this can't be true. What to do now. I refuse to believe it. Lies, all lies I say!!!

    Edit: I will name it "Clash of the Candy Crush Clans", it will be safe for sure!

  • Slayre77Slayre77 Posts: 115Member, PRO
    edited June 2015

    Okay , sorry for the stupid question guys!! But as long as I change the name ever so slightly (a.k.a adding a letter S behind the word), itll be okay, right?

    @Armelline said:
    If they find there's already a project with that name, they'll reject you using it.
    They don't care if it's duplicating another app/game's name,

    Not sure if I dont get it or the two statements are contradicting each other

  • JSprojectJSproject Posts: 730Member

    @Slayre77 said:
    Okay , sorry for the stupid question guys!! But as long as I change the name ever so slightly (a.k.a adding a letter S behind the word), itll be okay, right?

    You saved me, I now realize that I can name my game "Candy Crushs"

  • ArmellineArmelline Posts: 4,752Member, PRO
    edited June 2015

    @Slayre77 said:
    Okay , sorry for the stupid question guys!! But as long as I change the name ever so slightly (a.k.a adding a letter S behind the word), itll be okay, right?

    Well you might get sued.

    @Slayre77 said:
    Not sure if I dont get it or the two statements are contradicting each other

    Let's say there's a game on the store called "Example". Apple will reject Example, as that name is already taken. But they will allow "Example!"

  • SocksSocks London, UK.Posts: 12,822Member

    @JSproject said:
    Edit: I will name it "Clash of the Candy Crush Clans", it will be safe for sure!

    Far too close to my own project "Clash of the Clandy Crush Cans"

  • SocksSocks London, UK.Posts: 12,822Member

    @Slayre77s said:
    Okay , sorry for the stupid question guys!! But as long as I change the name ever so slightly (a.k.a adding a letter S behind the word), itll be okay, right?

    I can't see any problem there whatsoever, Minecrafts, Family Guys, Spotifys, Instagrams, they all sound fine to me . . . . :smiley:

    There is absolutely no way you will get sued if you put an 's' on the end of someone else's IP/trademark, you are neither trading on their name nor infringing on their rights, and I say this as someone who has spent years giving legal advice to my fellow inmates.

    :wink:

  • SocksSocks London, UK.Posts: 12,822Member

    @Armelline said:
    Well you might get sued.

    Yeah, but besides that it's ok, right ?

  • Slayre77Slayre77 Posts: 115Member, PRO

    Thanks for the advice @Socks ! @Armelline ,well, I just gotta hope that doesnt happen. But if it does you and socks should be my lawyers

  • SocksSocks London, UK.Posts: 12,822Member

    @Slayre77 said:
    Thanks for the advice Socks ! Armelline ,well, I just gotta hope that doesnt happen. But if it does you and socks should be my lawyers

    We can share a cell together :smile:

  • Slayre77Slayre77 Posts: 115Member, PRO
    edited June 2015

    Welp image

  • jonmulcahyjonmulcahy Posts: 10,380Member, Sous Chef

    @Slayre77 said:
    Thanks for the advice Socks ! Armelline ,well, I just gotta hope that doesnt happen. But if it does you and socks should be my lawyers

    Check to see if there is already a trademark on the name. If there is, walk away and think of something different.

  • SocksSocks London, UK.Posts: 12,822Member

    @Slayre77 said:
    Welp image

    :D

  • ookami007ookami007 Posts: 581Member

    You just gave me an awesome idea... Flappy Candy Clans of Crush-Copters!

  • GnarlyGnarly canadaPosts: 840Member

    @Slayre77 said:
    Is it ok to publish a game under the name that has been taken by another non-famous app? Or does Apple have rules against it?

    just pick an original name.

    I think it's fun coming up with names.

    Stop and think about it!

    "Yeah I worked really hard and I have a game in the App Store!"

    "Really what's it called I want to try it?"

    "Sponge Bob"
    Or
    "Sponge Bobs"
    Or
    "Sponge Boob"

    Do you want to do things in life you are proud of just things that are just barley legal?

    If you want help PM me and I will gladly help you with 5 original witty names for your game.

  • ArmellineArmelline Posts: 4,752Member, PRO

    @Slayre77 said:
    Thanks for the advice Socks ! Armelline ,well, I just gotta hope that doesnt happen. But if it does you and socks should be my lawyers

    My retainer is $100,000.

  • FINNBOGGFINNBOGG Posts: 1,809Member

    there was this discussion awhile back on how Apple has a guideline on what will and will not be accepted. People then said that apple isnt a robot and somethings will sneak past the guidelines and some will come to a dead halt if the right person at apple is reviewing your submission.

    Name Taken???? TRY AND SEE!!!!!!!!!!!!!

  • LumpAppsLumpApps Posts: 2,868Member

    @Socks said: I can't see any problem there whatsoever, Minecrafts, Family Guys, Spotifys, Instagrams, they all sound fine to me . . . . :smiley:

    So what happened to Sock?

  • ant_ladant_lad Posts: 222Member

    @FINNBOGG said:
    there was this discussion awhile back on how Apple has a guideline on what will and will not be accepted. People then said that apple isnt a robot and somethings will sneak past the guidelines and some will come to a dead halt if the right person at apple is reviewing your submission.

    Name Taken???? TRY AND SEE!!!!!!!!!!!!!

    I would think that when an app is submitted; as it is trying to add it to the database, it would be flagged for a double title. After that it would be up to a human most likely.

    Do your research, it is not apple's 'fault' if they allow a copy written title to be violated- it is your responsibility to make sure it is not taken. Many good apps were removed due to copyrights and names, it tends to kill the app and the spirit of the developer

    But always remember the flip side of copyrights- if it is not actively protected, it is not protectable, in other words it can be argued that that piece of whatever can be put into common use

  • PhilipCCPhilipCC Encounter Bay, South AustraliaPosts: 1,390Member
    edited June 2015

    @LumpApps said:
    So what happened to Sock?

    It was already taken.

    What happened to LumpApp? :D

    @Slayre77 As @gattoman said, pick something original unless you want nasty letters from law firms. It's not worth the stress or time.

    To Everyone reading this thread.

    By the way, do you guys know Apple changed they way they rank apps last week. Keywords and AppStore SEO is out.

    Check this article on TechCrunch: http://tcrn.ch/1HVhobV

  • GnarlyGnarly canadaPosts: 840Member

    @PhilipCC said:
    Check this article on TechCrunch: http://tcrn.ch/1HVhobV

    No I said to use an original name because it's the fun, right, moral and profitable thing to do. Not for any legal reasons.

  • Slayre77Slayre77 Posts: 115Member, PRO

    Thanks everyone for the advice! And btw @gattoman Sponge Boob has been taken :

  • GnarlyGnarly canadaPosts: 840Member

    @Slayre77 said:
    Thanks everyone for the advice! And btw gattoman Sponge Boob has been taken :

    That's hilarious. I had no idea. See I have to come up with new names now too!! Ha ha

  • PhilipCCPhilipCC Encounter Bay, South AustraliaPosts: 1,390Member
    edited June 2015

    @gattoman said:
    No I said to use an original name because it's the fun, right, moral and profitable thing to do. Not for any legal reasons.

    I agree wholeheartedly. Legal reasons come last... only problem is they'll come for you first. :)

    Hey, Bonge Spoob is available. :D

  • GnarlyGnarly canadaPosts: 840Member
    edited June 2015

    @PhilipCC said:

    Maybe. But I doubt most indie devs would have financial means to pose a legal threat.

    They could complain to apple and have your app removed. Apple gods could make your life miserable.

    I don't think it's possible to have two apps with the exact same name anyways.

  • pHghostpHghost London, UKPosts: 2,301Member

    It will of course all come down to what the original name is. Is it very generic? If someone calls their app 'Kittens' it doesn't mean you cannot use kittens in your app anymore.

  • SocksSocks London, UK.Posts: 12,822Member

    @gattoman said:
    They could complain to apple and have your app removed. Apple gods could make your life miserable

    There is always the chance of being sued, I think too many people rely on the idea that if they are caught they will just get a cease and desist order, but there are some less than scrupulous operators out there who would happily take you to court (app patent trolls for example) and even if you manage to win it could still cost you a lot in legal fees.

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