Q: Inquiry Regarding Google Play Application Removal and Trademark Issues
I am writing to seek legal advice regarding an issue I encountered with my mobile application on Google Play.
I had an application listed on Google Play under the name "Snaptubè," which unfortunately got removed due to trademark concerns. After the removal, I discovered that there is another application called "Snaptube," and I suspect this similarity in names might be the reason for the removal.
My questions are as follows:
Is there any possible way to appeal to Google and explain the distinction between my "Snaptubè" application and the trademarked "Snaptube" to rectify the situation and have my application reinstated on Google Play?
Can you advise on the best course of action to ensure a favorable legal outcome in this matter? Are there any steps I can take to strengthen my position legally?
Are the terms "Snaptubè" and "Snaptube" legally considered distinct, or would they be perceived as one and the same in a trademark dispute?
A: At first glance, this will probably be difficult, as there are several federal trademark registrations for snaptube, which are probably relevant to your situation. (Yes, they would generally be considered the same). However, it will depend on the particulars of your case, so you should consult a qualified trademark attorney.
A:
I recommend that you first review Google Play's policies and guidelines to understand the specific reasons for the removal of your "Snaptubè" application. If you believe the removal was due to confusion with the trademarked "Snaptube," you may appeal to Google Play and provide evidence of the distinctiveness of your app's name compared to the trademarked one. Additionally, consulting with a trademark attorney to assess the strength of your position and exploring the possibility of rebranding your app to further differentiate it from "Snaptube" could be beneficial in ensuring a favorable legal outcome.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
