How to address a copycat game title and design on Google Play Store?

Question

I have a mobile game, "Annoying Uncle Punch Game," which has been available on the Google Play Store for 8 months. Another publisher has released a game titled "Annoying Uncle Punching Game" on the same platform. We have not registered any trademarks or copyrights for our game yet. His game's name is very similar to ours, and his game icon features a character being punched, although it's different from the one in our icon. Additionally, the main core gameplay of his game seems to be copied from our game. We have not contacted the publisher directly about this issue nor have we reported it to Google Play Store. I want to remove his game due to this copying. What are my options?

David Aldrich · Answer

Since you have already been using the name in the marketplace, your best first step is typically to file a federal trademark application.  Normally, if you were using the mark in commerce prior to the other party, you would send the other party a cease and desist, informing them they are infringing your rights, and asking them to take it down.  If they don't, you can file a complaint with Google Play for the IP infringement.  However, before you do either of these things, you should file a federal trademark application. There may be items you want to file a copyright application for as well, depending on the details.  You should consult a qualified IP attorney who can best advise you how to proceed based on the specifics of your case.

Jeremy Malcolm · Answer

You should report the copycat app via the Google reporting form at https://support.google.com/googleplay/android-developer/contact/policy_violation_report?sjid=120013622250789082-NC. Although you haven't registered a trademark, there is some common law protection for unregistered trademarks under the doctrine of passing off. This applies if your game’s name has acquired distinctiveness and consumer recognition (which it presumably has, since it attracted a copycat app). Since the other game's name is confusingly similar and could mislead users into thinking the games are related, you might have a claim for passing off. Unless Google is able to help you, I would recommend that you have a lawyer write a cease and desist letter to the other game's publisher threatening a lawsuit on this basis. I would be happy to assist you further with this; my contact details are available here.

James L. Arrasmith · Answer

It’s understandably frustrating to see another game with such a similar title and design on the Google Play Store. Even though you haven’t registered a trademark or copyright yet, you still have some options. The first step would be to **contact the other publisher** directly and explain the issue, asking them to change the game’s name and design, especially if you believe there is a clear case of copying. 
 
If you don’t get a response or if the publisher refuses to cooperate, you can **file a complaint with Google Play Store**. Google has a process for reporting intellectual property violations, including issues related to game names and design similarities. In your complaint, explain how their game violates your rights and provide clear evidence of the similarities, like screenshots or gameplay comparisons. 
 
Although not having a registered trademark or copyright weakens your case, Google may still take action if the game violates **Google Play’s policies on intellectual property**. In the future, consider registering your game’s title and design to prevent similar issues. Taking action now can help protect your work and ensure that the originality of your game is respected.

Q: How to address a copycat game title and design on Google Play Store?