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How to avoid a ban for trademark infringement?
Good evening! Now I am developing a mobile client application for android for an information portal. This application is unofficial, I plan to put it on Google Play.
The question arose after reading the rules put forward for applications. Namely, I'm interested in the issue of copyright. Here it is written that if I use an icon that may be associated with the official application / site, I may infringe trademark rights. Moreover, mentions in the description can also be regarded as misleading users.
Google Play has a bunch of readers for all sorts of sites. For example, Habrahabr or VK messengers. All (almost) of them use icons similar to the official ones + a description mentioning the names of these projects. How does Google Play work in this case? Or are there simply no complaints from copyright holders (for example, VK and Habrahabra)?
Here is one of the cases when an application was removed from Google Play, and I want to avoid this. In general, how to be? Trying to negotiate with the copyright holder? (according to the idea, on the contrary, there will be an influx of users, and I must agree).
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If you use an image for your mobile application that is someone else's trademark (which was registered according to the classes to which your application belongs) - this is a violation of the rights of the owner of such a trademark, he will have the right to complain about you to the administration of the store.
If you use an image confusingly similar to such a trademark, this is also an infringement, and a claim may also be made against you.
If the name of your mobile application contains someone else's trademark or the name is confusingly similar to a trademark, you may also receive a claim.
Therefore, if you want to avoid receiving such claims, either do not use the name and icon for your mobile application that are identical / confusingly similar to the TK, or try to obtain written consent from the owner of the corresponding TK.
As for the "unofficial" application, it is better to immediately indicate in the application description that your application is an unofficial client for such and such a service.
There are only two options - either the copyright holder does not care, or you negotiate with him.
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