Received notice of Copyright Infringement from Apple
butterbean
Member Posts: 4,315
Well, I was just contacted by Apple today that stated I was infringing on the rights of Lima Sky, and to contact them to resolve the matter.
When I spoke with their representative, he basically said they are trademarking the name "Doodle" and are in the process of contacting all developers whose apps have the word "Doodle" in it to change the name.
I was in shock to say the least, as there are thousands of apps in the app store with the word Doodle in it!
Will be interesting to see what happens with this....
When I spoke with their representative, he basically said they are trademarking the name "Doodle" and are in the process of contacting all developers whose apps have the word "Doodle" in it to change the name.
I was in shock to say the least, as there are thousands of apps in the app store with the word Doodle in it!
Will be interesting to see what happens with this....
Comments
But anyway, with all the apps with doodle in the name like you said, this should be interesting.
hoodle would be even more erm ... memorable
Perhaps "Scribble" is a suitable alternative?
QS
Dr. Sam Beckett never returned home...
Twitter: https://twitter.com/Quantum_Sheep
Web: https://quantumsheep.itch.io
I'm sure a lot of devs aren't going to go down without a fight on that one, and I just can't see how anyone can justify Trademarking a "Word", I repeat, a "WORD" doodle in the app store. It's a common name, and I just can't see how they're going to be able to do it.
But whatever, I don't have time to deal with it, so I went along with it.
Can you even trademark the use of a real word?
What next. Tradmarking the word Ninja? or Fruit? or Angry????
I didn't make a "doodle" app because it felt like I was stepping on someone's idea. Also, I felt that there were too many already. I think it's better to build your own identity. Which game would you rather be the developer of...
Cut the Rope / Burn the Rope
Fruit Ninja / Veggie Samurai
In the app description... "Veggie Samurai HD is in no way associated with Halfbrick Studios and/or the game Fruit Ninja." ...to me that implies Veggie Samurai is second-best, which is why I bought Fruit Ninja. Even if Veggie Samurai is the better game, it's legacy is tainted... blighted by the shadow of a ninja.
Doodle is a style of game like shooter, puzzle etc. I think if anyone was willing to tell them to piss off they would win the problem is most people aren't and that why they (and the rest of the world) get away with crap like this.
@Photics: I agree, I don't have time, nor do I want to dish out money to deal with legal battles with such a large, successful company.
I just think it's really ridiculous, but what are you gonna' do? I'm personally raising the white flag and changing the name because it's not a huge loss for me.
However, there are many other apps with the name Doodle in it like "Doodle Army", "Cake Doodle" and many, many others that are very successful too. I doubt they will surrender without a fight, but it will be interesting to see what precedent will be set in the app store due to this.
@Tendrmer: Yeah, not sure if they were the first to use it, but they probably won't be the last
Aren't these just two people? Wasn't there an interview vid posted recently where it was said it was just him and his brother?
And we all thought he was a lovely bloke!
Oh dear!
QS :O
Dr. Sam Beckett never returned home...
Twitter: https://twitter.com/Quantum_Sheep
Web: https://quantumsheep.itch.io
Although you could say Doodle is a "style" of game - is it really? I consider the Jump aspect of the game to be the Style and doodle was just the lazy man's method of creating the art for that game (oh geez - I hope I'm not offending anyone!!). I say that as I create my own "jump" style game. You don't see too many "sonic the muskrat" games as you know that would be infringement so I don't see this as being any different - that is IF they were the prior art part to it - that and the fact it took so long to bring to Apples attention makes me wonder, why now? Perhaps they are going to move forward on the doodle line of games as a whole entity.
My point is, with Apple having a section dedicated to "Doodle games" in the past, they have then taken that word to mean a certain styling of game graphics.(Graph paper background, hand drawn sprites etc)
If I had a game for example called Retro shooter, that used stylised 8bit graphics, and it became popular, and then all of a sudden there were lots of similar styled games, Retro Jump, retro race etc etc all with 8bit styling, could I then trademark the word "Retro"???? I'm not convinced I could.
They surely should be more inclined to try and claim some sort of copywrite infringement on the design of the "doodle" games.....that's of course assuming they were the first to style a game like that. And also I assume it's easier to trademark a word than a style.
What would I do in that scenario? What if everyone started doing something similar to one of my games? What if Annoyed Tomatoes became... Annoyed Asparagus, Annoyed Meatloaf, Annoyed Bowling Balls... heh... I think that's funny. It's probably not a major issue.
Maybe the developers were pressured into this. There might be more to the story. This is the new frontier for interactive entertainment. This battleground can get ugly as companies fight to be at the top of the ladder.
As an example, I was shocked to see so many 99¢ EA games during the Christmas season.
I think they would have to claim infringement on the word "Doodle" used in conjunction with that style of graphics (Which is 90% of the games that exist with that name)
It gets fuzzy when someone has a game name with Doodle in the title, but has fairly different styling. (there are a few that I have seen)
Doodle Buddy
http://itunes.apple.com/gb/app/doodle-buddy-paint-draw-scribble/id313232441?mt=8
Uses the word Doodle, but is very different in style
Cookie Doodle
http://itunes.apple.com/gb/app/cookie-doodle/id342128086?mt=8
Again, uses the word doodle, but is not a "Doodle app"
http://itunes.apple.com/gb/app/id302828886?mt=8
Doodle Kids
This was pretty high profile when it came out. It's the one written by the 9yr old Japanese kid.
http://itunes.apple.com/gb/app/doodle-cartoon-wars/id366830708?mt=8
Doodle Cartoon wars
Again, fairly different styling to the usual doodle app style.
There is an interesting debate to be had.
Does anyone know if they WERE the first "Doodle Game"?
It's probably a scam.
Do you really think, you were contacted by Apple?
Lima Sky can eat my shorts too.
They can't copyright the word "Doodle". They can copyright "Doodle Jump", but that's all.
Damn, I wish I had a game with Doodle in it.
They submitted the application to TM the word Doodle, so we'll see what comes out of it.
I don't see companies like the makers of "Cake doodle" and "Cookie Doodle" and others going down without a fight. On the other hand, smaller developers, or people that do it as a hobby wouldn't bat an eyelash before removing theirs or changing the name.
IF, and I say "IF" because I will be shocked if their application for TM is approved, this will set a huge precedent, and we're going to start seeing more of this trademarking of common names.
So far, I've not heard anything.
"Doodle Defense" as a trademark was filed April 1, 2010
http://tess2.uspto.gov/bin/showfield?f=doc&state=4002:hi1oqu.4.38
"Doodle" by Lima Sky wasn't filed until July 8, 2010
http://tess2.uspto.gov/bin/showfield?f=doc&state=4002:hi1oqu.4.27
Stop arguing and thinking. It means nothing. It has no legal base. It's idiotism, so stop screaming around.
!!!!!!!!!!!!
STOP
With "Doodle" type of games, there's a strong argument against a trademark, as it is a word in the dictionary and it has been identified with a certain style of video game.
However, as mentioned before, this could make Butterbean look cool. She has the opportunity to redefine the genre. Maybe they could be "Scribble" games now.
http://www.thebuzzmedia.com/monster-cable-would-sue-jesus/
Now I sue everybody, who ever used the words "horror" and/or "jump" in verbal or written form.
I will be rich, bitch!
---
@Butterbean: Yes! :-)
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I clicked the thread feeling bad for whoever posted it, then saw that it was you >:(
I went through this sort of thing before and ended up pulling an app; legally I didn't have to - while the company did own the term in question they had not successfully registered it for the video game industry.
I did so because they were big, had in house lawyers and because I had the flu, lol. (I was exhausted and didn't need the stress.)
If they don't own the trademark in the video game industry then really you shouldn't give in; if I get an email over Happy Doodle Sushi Smile (which I may not, given that "Doodle" is only 1/4 of the name) I don't see myself taking it down.
Hope it is resolved soon xx
They cant win this battle can they?
It would be crazy if they made everyone pull or change the name and it would start a frenzy.
Its like trying to trademark Zombie ffs imo.
Darren.
It's unlikely that they could tm the word Doodle.
Like I say, we have 2 games called "Doodle ..something" and have heard nothing.