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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I need advice from an IP lawyer. I have an app on the app

Customer Question

I need advice from an IP lawyer. I have an app on the app store that is using a paper plane logo mark and today I received and copyright infringement letter from one of my competitors stating that I have infringed their trademark. Both are of paper plane origin but style wise very different.
I can provide the letter I received which also has the marks printed on.
Submitted: 4 months ago.
Category: Law
Expert:  Ash replied 4 months ago.

Hello my name is ***** ***** I will help you with this.

Are you in the same industry sector please?
Alex

Customer: replied 4 months ago.
we both have an iOS app on the app store and both are SaaS invoicing apps.
Expert:  Ash replied 4 months ago.

Can you upload both logos?

Customer: replied 4 months ago.
App icon from Invoice2go.
Customer: replied 4 months ago.
App icon from my app Alto. It is created asa naabstract "A" from the app name "Alto".
Expert:  Ash replied 4 months ago.

Ok, well they seem quite different.

The test is this if it went to Court - would a customer be confused, ie are they confusingly similar. If the answer is yes then its passing off and cant be used.

But my view is that they are sufficiently different. They are different in design and colour.

Can I clarify anything for you about this today please?
Alex

Customer: replied 4 months ago.
Is it ok for me to upload the letter I received? I guess this might make it more clear on what terms they stipulate. Also if I do upload is this channel private and not public.
Customer: replied 4 months ago.
Also they are from the US and my company is a UK Ltd company but based in Germany. Not sure how that affects everything.
Expert:  Ash replied 4 months ago.

Sure however its a public website as per the disclaimer, as long as you know that.

Or you could just copy and paste the relevant text

Customer: replied 4 months ago.
Ok I would rather not upload or paste the text as there's too much references to the company. What would be my next step? What do you recommend?
Expert:  Ash replied 4 months ago.

You just need to write back and say that you do not accept what they say and that a customer would not be confused and highlight the differences.

If they are in the USA then they would need to sue you here in the UK or Germany, as that is where the alleged infringement is taking place.

Can I clarify anything for you? Alex

Customer: replied 4 months ago.
Ok, I'm not really wanting to be sued. What's the chances of it going ahead given the differences?
Expert:  Ash replied 4 months ago.

I think you are ok. You cant stop not being sued so to speak. They may be just trying it on.

But I think the differences are enough. Otherwise they could go after anyone with an airplane in the logo

Does that clarify? Alex

Customer: replied 4 months ago.
Ok makes sense. My only fear is that we are in the same category and both providing an invoicing app as software as a service.
Expert:  Ash replied 4 months ago.

Indeed. Thats why you need to make sure the logo is sufficiently different.

Can I clarify anything else for you? Alex

Expert:  Ash replied 4 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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