Rights protection on Google Play

Question

I'm faced with a problem with Google Play. We have an application which was complained by trademark violation. This situation a little questionable by our opinion but lawyers say that our application name probably violates IP (intellectual properties) of the complainant.

Just for example. Imagine that someone registers the trademark "news". You want to name your application as "business news" and here you are - you violate IP of owner "news" trademark and you should use another name. It's some foolish rules but I can't choose others and I have only this one.

So, now about my main problem:

Google removed our application from Google Play for Russia (our application targets to Russia users, moreover only for one city). Google suggest to contact with the original complainant and discuss their claims.

I changed our application name (there was a reason for removal) and I tried to contact with the complainant (and received single one response that they received my email and will think). I sent them a few emails more but they keep silence since from first response (about 2 weeks).

Then I contacted Google Play supports. I explained that I changed the application name and tried to contact the complainant but they keep silence. I received this response:

You may contact the original complainant at the email address provided in your Google Play Trademark Notice. If the original complainant contacts us specifically authorising your app to be republished in Russia, and your app does not otherwise violate the Developer Distribution Agreement and Content Policy, we will reinstate the app in Russia.

If your account is still in good standing and the nature of your app allows for republishing, you may consider releasing a new, non-infringing version of your app to Google Play under a new package name. We are unable to comment further on the specific basis for this removal or provide guidance on bringing future versions of your app into policy compliance. Instead, please reference the REASON FOR REMOVAL in the initial notification email from Google Play.

Also, I asked whether we can send a letter of guarantee which should prove that we do not violate others IP (from this moment) or, as an alternative, can a local court make a decision about the application removals? But Google keeps the previous position.

I want to restore (not republish) my application but I don't know what can I do. This situation scares and upsets me.

Seems others (not only big companies but actually anyone) can complain about me and then keep silence. I don't see ways how can I influence the situation and protect my application on Google Play from reasonable and/or unreasonable attacks. I think that "Google way" (every time republish the application) is inappropriate but I don't know other ways at this moment.

What do you think? Can I do something?

Answer 1

Your lawyers should understand that you're dealing with a private company that can make and enforce its own policies when it comes to allowing access to the their store. If Google's policy is to require you to do research and diligence on a possible trademark infringement of your App, that's legal, as long as Google's requirements don't not violate local or national laws of the variant of their store.

The idea that another company or individual can allege infringement, yet not communicate sufficiently with you or Google, may not seem fair, but as a response to that, Google can play it safe and not open themselves up to liability by removing your App or making you resubmit under a new name. That is outlined in Google's TOS, which you agreed to. Your only recourse is to keep talking to Google and keep trying to contact the complainant.