QUESTION

Do I need permission to publish a mobile application for a website I do not own?

Asked on Mar 20th, 2013 on Patents - Massachusetts
More details to this question:
Is it illegal for me to publish a mobile application that is somewhat a companion for a website I do not own? The site owner said that if I did, he would file a DMCA copyright take down and have my application removed from the Google Play Store (Android Market). I wrote the application myself with no aid from anyone. Is permission required? My app stores no user data and would be free. The only problem I see is the use of the name & logo of the website. What can I do to circumvent this? I use the name and logo to draw attention to people who want the mobile app. Changing the name & logo of the application to something that does not match the website would render the application useless as no one would be able to find it. Extra Info: The site is based in the UK. Does that change anything?
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3 ANSWERS

Intellectual Property Attorney serving Long Beach, NY at Rosenbaum & Segall, P.C.
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You mentioned that "I use the name and logo to draw attention to people who want the mobile app." Since that is not your name and not your logo, you are not permitted to use them for your own commercial purposes. Trademark and Unfair Competition laws prohibit the exact thing that you are trying to do (ie use other's good name for your commercial gain). As far as the DMCA take down notice is concerned, that is a mild remedy compared to the availability of trademark infringement claims that may include attorney's fees and triple damages. Also, since the intellectual property owner is in the UK, you may face an international lawsuit that you cannot defend against and then you will have a civil judgment on your credit report. You are best to abandon your business idea and move on to something that does not violate other people's intellectual property rights. You should consult a lawyer on this matter.
Answered on Mar 21st, 2013 at 3:48 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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Yes, it is illegal to use anothers product, name, and/or logo in any manner without their express permission or to imply that you have their permission when you don't. The location of the website is irrelevant. Taking something that doesn't belong to you is theft.
Answered on Mar 21st, 2013 at 3:46 PM

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Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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Permission is likely required, for all of the reasons set forth in the Question. This is especially true given the threat from the website owner. See if you can work out a deal with the website owner, a "win-win" is better than making lawyers rich.
Answered on Mar 21st, 2013 at 3:44 PM

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