Trademark Infringement Case Should Be Wakeup Call For App Developers

In early October, we highlighted a new app called Pic Bubbler. The app’s purpose is to add “bubbles” to an existing photo. In doing so, your family friendly photo suddenly looks like something else. The “bubbles” make your subject look naked because they appear to be hiding certain body parts. Recently, it has come to our attention that the makers of Pic Bubbler had actually infringed on a trademark from another company. As such, Pic Bubbler has been renamed Photo Bubbler. The real Pic Bubbler and Pic Bubbler Pro are now available for the iPhone/iPod touch. This story has less to do with Pic/Photo Bubbler and more about Apple’s app approval process. In a sense, timing is everything when, as a developer, you hope to get an app into the App Store. According to Robert C. Sarvis, General Counsel of Wertago LLC, the owner of the trademark Pic Bubbler in an email to AppAdvice.com:

We were perhaps naive not to know that you should squat on your app name as soon as you start development, rather than doing it at submission time.  In any case, our iPhone app was unfortunately delayed for a maddeningly long time due solely to the inconsistent and self-contradictory App Store review process, during several rounds of which the App Store reviewers totally ignored our requests regarding the name-squatting and trademark infringement that was taking place.

Because of the App Store reviewers' shenanigans raising objections to things that exist in many other apps on the App Store, as I documented to them in a compendious email response, our app didn't get on the App Store for two months, as every response/resubmission to their objections only yielded new and different ones, some contradicting previous ones... It was truly maddening.

Names can make or break the success of an app. So too do trademark infringements. Even if you own a trademark, the lengthy app approval process could make your "real" app an also-ran. Therefore, our advice is this: if you are thinking about creating an app and own a trademark on its name, discuss this with Apple. At the very least, use iTunes Connect to secure your app's name before its development starts. Do not wait until submitting the app. Pic Bubbler and Pic Bubbler Pro are now available for the iPhone/iPod touch. In the meantime, our original article has been changed to reflect the change in name for Photo Bubbler. This app is also available in the App Store.

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