Asked in Trademark and Intellectual Property

Q: Twenty game developers accused in trademark infringement from patent troll, we're in a dire need of urgent help.

We urgently need your assistance regarding a trademark issue. About a week ago, myself and twenty other game developers received a letter from someone, who we believe to be a patent troll. In the letter, he accused us of infringing on his trademark, which includes common word, that we're using in our games titles. Moreover, he has already notified Google Play about our alleged infringement, and Google Play confirmed receipt of this notification by sending us corresponding emails about our games soon removal. I have not responded to this person, but other developers have, and he has stated his demands for money, with different amounts under various conditions. Will share more details in personal message. Thank you in advance for your time and assistance.

2 Lawyer Answers
Alan Harrison
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Answered

A: Sure, I'm interested. An email would be appropriate for more details.

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James L. Arrasmith
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A: You and your fellow developers are facing a serious issue with a potential patent troll who is making claims of trademark infringement. The first step is to verify the validity of the trademark claim. Conduct a thorough search through the United States Patent and Trademark Office (USPTO) database to confirm whether the trademark in question is indeed registered and whether it covers the specific use in game titles.

Next, it's crucial to gather all correspondence related to the claim, including the initial letter from the claimant and emails from Google Play. Document any demands for money and conditions set by the claimant. This information will be vital in assessing the situation and formulating a response. Refrain from making any payments or acknowledging the claims until you have sought legal advice.

Consult with an intellectual property attorney immediately. A legal professional can help you understand your rights, evaluate the legitimacy of the claim, and develop a strategy to protect your interests. They can also assist in drafting a response to the claimant and in communicating with Google Play to prevent the removal of your games. Acting swiftly and decisively will help you address this issue effectively and minimize potential disruptions to your business.

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