I was recently approached by a company to stop using the name "Brain Dots" because they have trademarked the word "BrainDots".
"BrainDots" is a single word where as "Brain Dots" are two separate words
I would like to point out that the both apps are unrelated and that my app was published first on google play.
Thank you.
Infringement of a trade mark occurs when someone uses a sign or symbol in a way that could be confused with the trade mark. Short answer: two words as opposed to a compound word are similar enough that that would cause infringement.
However, a person does not have a trademark if another person has used a similar trade mark at an earlier time for similar goods and services. For Australia the relevant section is s58a of the Trade Mark Act
In the U.S. "BrainDots" "Brain Dots" "Brane Dots" and "Brain Dotts" are all the same.
Changing the spelling has no effect.
Does Brain Dots look similar to BrainDots to you? Do you think someone could buy a product called Brain Dots thinking they are getting BrainDots? I would say yes. And since they are both "apps" that means the trademark is most likely issued in the same area where your product is.
It doesn't matter who was first on the Google Store - what matters is whether you were using the name before they applied for the trademark.
An exact copy is not required to infringe copyright law. The law is more concerned if misrepresentation is presented. In your case, I suspect many would agree that Brain Dots are two different words, but few would agree that it is in anyway different than BrainDots.
