Worldwide, I have the st00pids.
> We can re-name it in China, yeah. With a ton of effort changing all of the artwork we created with the old name. But renaming "Clicker Heroes" (which we already trademarked) in the U.S. and EU would be senseless
Initially I thought it was the latter but now I think it is the former (only the Chinese name affected).
Edit: this reply from the reddit thread but not be the game author suggests it is the former as well: https://www.reddit.com/r/gamedev/comments/bs6n3l/apple_remov...
In regards to your comment below, a Chinese name doesn't indicate that they are targeting China -- there are other Chinese-speaking markets like the sovereign countries of Taiwan, Malaysia, etc. But I agree that they likely were in part targeting sales in China, and that they ought to have trademarked the Chinese name in China (along with other Chinese-speaking markets).
Word Mark CLICKER HEROES
Goods and Services IC 041. US 100 101 107. G & S: Electronic games services provided by means of the internet; Entertainment services, namely, providing online electronic games; Entertainment services, namely, providing temporary use of non-downloadable interactive games; Providing on-line computer games; Providing online augmented reality games. FIRST USE: 20140701. FIRST USE IN COMMERCE: 20140701
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 86389199
Filing Date September 9, 2014
Current Basis 1A
Original Filing Basis 1A
Published for Opposition February 17, 2015
Registration Number 4731199
Registration Date May 5, 2015
Owner (REGISTRANT) Playsaurus, Inc. CORPORATION CALIFORNIA 3435 Wilshire Blvd #2748 Los Angeles CALIFORNIA 90010
Attorney of Record Elizabeth Oliner
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "CLICKER" APART FROM THE MARK AS SHOWN
Type of Mark SERVICE MARK
Live/Dead Indicator LIVE
> Let’s start with how the U.S. is different from other countries. In the U.S., just using a brand in commerce will grant you some legal rights over the brand. Many jurisdictions, however, are “first-to-file” countries. That means whoever registers a trademark first – regardless of whether they’re using it – is the owner of the mark. For example, both China and Japan are “first-to-file” countries.
>'Did the non Chinese have any trademarks? Anywhere?'
May I take this opportunity to say; 'Huh?'
And if not, they need to change their law as the US told.
Kind of supercilious, isn't it?
YOU SHOULD HAVE GOTTEN YOUR TRADEMARK first. You invented the game, hard worked and put it out there FIRST.
I dont think getting a Trademark would have cost you fortune.
Geez, give it a break. Huge biz screw up, but just release under a different name.
edit: As I've written below: Right in the reddit post, he writes they were marketing it as 点击英雄 in 2014 on a Chinese website. It does look like they were targeting China. There is nothing on that post to indicate otherwise. If I am missing something, let me know. I'm going based off of what I read in the Reddit post.
What is likely happening here is that a peon at Apple is acting as a finite state machine in a faulty process without thinking. Marketing it as 点击英雄 would make that easy. Hopefully, Apple gets this right for the rest of the world and reverses their decision, but I mean... it's marketed as 点击英雄! In China! On a Chinese website!
The details are readily available in the linked thread but the gist of it is that most of the world operates on a "first to use" basis to prove trademark ownership while China uses a "first to file" basis.
Apple is tacitly saying that the Chinese system takes precedence. Even in the US. It's absurd.
>The purpose of trademarks is to have exclusive rights to a name, which is expensive to get worldwide and we don't really care about that - I have learned to fully expect China to copy all our shit and do what they want with our stuff.
>But they should NOT be allowed to force Apple to take down our stuff by abusing their trademark, and I really wish Apple could see what they were doing this because it's plain as day if you look at the evidence I provided.
They obviously had no illusions about the Chinese market.
At any rate, it's a red herring. They don't care that their IP has been stolen in China. They care that it has been stolen internationally (including the countries they did properly register in).
I don't think that you can fairly say anyone is "playing the victim" here. It just sounds like you're being cruel for the sake of it. After having had many years of work stolen right from under you, you'd be pissed too.
Quotes from https://www.reddit.com/r/gamedev/comments/bs6n3l/apple_remov...
You can be resigned to the fact that your app will be immediately cloned, and yet still think it worthwhile to spend a bit of money on having it localized enough that Chinese customers might find it compelling. I hear there are a lot of people in China. If you can have the job done cost-effectively, no reason not to try to capture at least some of the market. If people will buy clones, maybe they'll buy the original too.
But instead of blaming the dev for missing a filing in China, why the hell is Apple taking down the app worldwide if it only violates IP law in China.
Now I dunno, this might be a bit of a stretch, but it might perhaps just be because they are in actual fact, quite clearly, the victim here.
I'd rather not do as the Romans do, whilst in Rome, lest they mistake me for a Roman and I end up dead in some strange political intrigue, possibly featuring a drunken goat.