Fart applications, for better or worse, have been a huge success at the App Store but when money is to be made, it's no longer just about the fart jokes.
Air-O-Matic, the creators of the fart application
Pull My Finger, have demanded monetary compensation from InfoMedia, the creators of
iFart Mobile, over the trademarked phrase "pull my finger."
It all began months ago when the first fart application was finally placed on the App Store. Pull My Finger was the first fart application and Air-O-Matic soaked it up while they had the chance, rising all the way to the number one spot. Soon after, InfoMedia's iFart Mobile was approved and placed on the App Store as well. That's when this battle started to heat up.
Air-O-Matic claims that InfoMedia's president
Joel Comm, the self proclaimed social media expert, used unfair business practices when marketing his fart application which cannibalized sales of Air-O-Matic's application. They claim Joel Comm spammed their Twitter followers, wrote fake reviews and generally bad mouthed their application while using their trademarked phrase "pull my finger."
Air-O-Matic had complained to Apple about the situation and had asked for iFart Mobile to be removed, Apple declined and told them to work it out between the two developers. Air-O-Matic contacted InfoMedia asking for one-tenth of the compensation they believed they were entitled to, about $50,000. They then threatened to sue over their trademarked phrase.
InfoMedia's Joel Comm had enough of the threats and has decided to be the first one to bring the battle to the U.S. court system. On his blog he stated that he has done everything Air-O-Matic has asked, even removing all traces of the trademarked phrase from his press release. He has asked a federal judge in Colorado to rule that "pull my finger" is a common phrase and doesn't fall under trademark laws. He is also seeking attorney fees and other typical costs.
Is this just another case of App Store jealousy or do you think Air-O-Matic has a right to complain?
[via
cnet]
