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Here's my scenario with made-up names: A big company called Supersoft have announced that in about 3 months they're going to release an Android app called "Supersoft Metronome" (where Metronome is a fairly common noun). I want to call my new iPhone app (notice the other app is on Android) "Metronome" and I'm ready to release in a week. Should I rename my app? Will I get in legal trouble otherwise? Both apps are in the same category of program.

I've already bought a related domain name, paid for artwork and styled my app around the name so I really don't want to change it now. I've considered extending the name to something like "Metronome Music Editor". Would this protect me?

rebeccamaher
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2 Answers2

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I'm not a lawyer but as far as I know, you can't trademark common nouns. As long as you don't call your app Supersoft Metronome, you're fine.

Michael Brown
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You really need to speak to a lawyer on this one as it sounds like there could be a case for trademark dilution - especially considering that you're in the same market.

Excerpt:

Dilution is a basis of trademark infringement that only applies to famous marks. With non-famous marks, the owner of the mark must show that the allegedly infringing use creates a likelihood of confusion as to the source of the product or service being identified by the allegedly infringing use.

Considering that "Supersoft" probably has way more money and incentive than you, you'll probably get sued even if you could win a case. Could you afford that when you still have time to come up with a different name?

Steven Evers
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