In a recent app store update, we've included in our description the names of several brands that we support through functionality in our app. Some if not all of these names are trademarked in the United States, where our company operates.
Google is blocking us from using the names of these brands in our app description on the grounds of trademark violation and a less clear "violation of Policy Coverage" which says that use of popular brands is "considered" when developing a risk profile for a particular app or category of apps.
In the US, there is a concept of "nominative fair use", a legal doctrine which I understand supports the notion of using trademarks to refer to things which otherwise would be impossible to refer to without their trademark name.
We've explained our reasoning in an appeals process but Google isn't budging. Given that Google is running a duopolistic walled garden marketplace, it seems unreasonable that they would not follow US legal precedent. It's not like we can simply walk away from Google Play, as it's virtually the only way to have users install our app.
By contrast, Apple has no such reservations about trademark use in the same manner on their App Store.
Is there anything we can do? Google allows us to submit paperwork which supports our use of trademarks with permission from the trademark holders. In our case this would be exceptionally arduous. Is there perhaps any other proof of rights we could provide which upholds the legality of our trademark usage?
