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	<title>Comments on: iPhone + iTunes = iNfringement (Part 2)</title>
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	<description>Trademark Registration &#38; Litigation Articles</description>
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		<title>By: Morris Turek</title>
		<link>http://www.yourtrademarkattorney.com/blog/iphone-itunes-infringement-part-2/#comment-20</link>
		<dc:creator>Morris Turek</dc:creator>
		<pubDate>Tue, 12 Jan 2010 04:33:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.yourtrademarkattorney.com/blog/?p=112#comment-20</guid>
		<description>Markusn,

Thanks for leaving a comment.  You&#039;re exactly right in that I am speculating as to whether a developer used a specific keyword since they are non-public.  However, in the case of GW Monkey, the word &quot;Nintendo&quot; did not appear in the name of the app or anywhere in the app description.  So, that leads me to believe that it was used as a non-public keyword.  And, in fact, Mr. Ardiri admitted that he used &quot;Nintendo&quot; as a keyword.

You make the suggestion that this may all be a result of Apple&#039;s algorithm being &quot;smart.&quot;  I certainly do not claim to know much about search algorithms or computer programing, but I highly doubt it.  Even when you do a Google search, the results you receive in at least the first few pages either use the keyword in the &quot;behind the scenes&quot; code or the keyword appears in the text of the web page.  I guess you could analogize keyword use in the App Store to website metatags or even keyword use for paid sponsored links on Google and other search engines.

Again, I appreciate your feedback and look forward to receiving further comments from you and other developers on this topic.</description>
		<content:encoded><![CDATA[<p>Markusn,</p>
<p>Thanks for leaving a comment.  You&#8217;re exactly right in that I am speculating as to whether a developer used a specific keyword since they are non-public.  However, in the case of GW Monkey, the word &#8220;Nintendo&#8221; did not appear in the name of the app or anywhere in the app description.  So, that leads me to believe that it was used as a non-public keyword.  And, in fact, Mr. Ardiri admitted that he used &#8220;Nintendo&#8221; as a keyword.</p>
<p>You make the suggestion that this may all be a result of Apple&#8217;s algorithm being &#8220;smart.&#8221;  I certainly do not claim to know much about search algorithms or computer programing, but I highly doubt it.  Even when you do a Google search, the results you receive in at least the first few pages either use the keyword in the &#8220;behind the scenes&#8221; code or the keyword appears in the text of the web page.  I guess you could analogize keyword use in the App Store to website metatags or even keyword use for paid sponsored links on Google and other search engines.</p>
<p>Again, I appreciate your feedback and look forward to receiving further comments from you and other developers on this topic.</p>
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	<item>
		<title>By: Morris Turek</title>
		<link>http://www.yourtrademarkattorney.com/blog/iphone-itunes-infringement-part-2/#comment-19</link>
		<dc:creator>Morris Turek</dc:creator>
		<pubDate>Tue, 12 Jan 2010 04:20:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.yourtrademarkattorney.com/blog/?p=112#comment-19</guid>
		<description>Mr. Ardiri,

I very much appreciate you leaving a comment regarding your app and telling me about your experience with Nintendo.  It&#039;s a good lesson for all app developers.  However, I am confused as to why your app would continue to show up in response to a search for &quot;Nintendo,&quot; if that keyword has been removed.  Perhaps the search indexes are cached as you suggest

As you point out, I understand that Apple does review keywords for relevancy and that it will not allow the name of another application to be used as a keyword.  But, I wonder if Apple allows part of an app&#039;s name to be used as a keyword.  For instance, if my app&#039;s name is &quot;Big Fat Pink Pig,&quot; and somebody else had another app with a pig theme and wanted to use the word &quot;pig&quot; as a keyword, I would think Apple would allow that.  Am I wrong?

Again, thank you for commenting on my post.</description>
		<content:encoded><![CDATA[<p>Mr. Ardiri,</p>
<p>I very much appreciate you leaving a comment regarding your app and telling me about your experience with Nintendo.  It&#8217;s a good lesson for all app developers.  However, I am confused as to why your app would continue to show up in response to a search for &#8220;Nintendo,&#8221; if that keyword has been removed.  Perhaps the search indexes are cached as you suggest</p>
<p>As you point out, I understand that Apple does review keywords for relevancy and that it will not allow the name of another application to be used as a keyword.  But, I wonder if Apple allows part of an app&#8217;s name to be used as a keyword.  For instance, if my app&#8217;s name is &#8220;Big Fat Pink Pig,&#8221; and somebody else had another app with a pig theme and wanted to use the word &#8220;pig&#8221; as a keyword, I would think Apple would allow that.  Am I wrong?</p>
<p>Again, thank you for commenting on my post.</p>
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		<title>By: Aaron Ardiri</title>
		<link>http://www.yourtrademarkattorney.com/blog/iphone-itunes-infringement-part-2/#comment-18</link>
		<dc:creator>Aaron Ardiri</dc:creator>
		<pubDate>Mon, 11 Jan 2010 15:18:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.yourtrademarkattorney.com/blog/?p=112#comment-18</guid>
		<description>Apple also reviews keywords when you submit an application.

---
Thank you for submitting &quot;XXXXXX&quot; to the App Store.  We&#039;ve reviewed &quot;XXXXXX&quot; and determined that we cannot post this version of your iPhone application to the App Store at this time because of inappropriate &#039;Keywords&#039; used to identify your application.  We will not post applications that reference other applications in their search criteria. It would be appropriate to remove &quot;YYYYYY&quot;.

Please visit iTunes Connect, Manage Applications to remove the inappropriate &#039;Keywords&#039;, and resubmit your binary for review.  

Note: Keyword terms must be related to your application content and cannot contain offensive terms.  It is not appropriate to reference other applications.  Keywords can be single words or phrases; keep in mind the text field is limited to 100 characters.  All Keywords must be separated by commas otherwise the system will see it as one keyword.
---

i have changed the application name and the keyword; but this is the template that they use for this response. You cannot use a competitors product name or trademark in the keywords. one example; that i have seen is rejections for using a word like &quot;facebook&quot; - it is not acceptable in the keyword list.

i&#039;ll be happy to answer any questions :) 

// Aaron Ardiri
Mobile 1UP
http://www.mobile1up.com/</description>
		<content:encoded><![CDATA[<p>Apple also reviews keywords when you submit an application.</p>
<p>&#8212;<br />
Thank you for submitting &#8220;XXXXXX&#8221; to the App Store.  We&#8217;ve reviewed &#8220;XXXXXX&#8221; and determined that we cannot post this version of your iPhone application to the App Store at this time because of inappropriate &#8216;Keywords&#8217; used to identify your application.  We will not post applications that reference other applications in their search criteria. It would be appropriate to remove &#8220;YYYYYY&#8221;.</p>
<p>Please visit iTunes Connect, Manage Applications to remove the inappropriate &#8216;Keywords&#8217;, and resubmit your binary for review.  </p>
<p>Note: Keyword terms must be related to your application content and cannot contain offensive terms.  It is not appropriate to reference other applications.  Keywords can be single words or phrases; keep in mind the text field is limited to 100 characters.  All Keywords must be separated by commas otherwise the system will see it as one keyword.<br />
&#8212;</p>
<p>i have changed the application name and the keyword; but this is the template that they use for this response. You cannot use a competitors product name or trademark in the keywords. one example; that i have seen is rejections for using a word like &#8220;facebook&#8221; &#8211; it is not acceptable in the keyword list.</p>
<p>i&#8217;ll be happy to answer any questions <img src='http://www.yourtrademarkattorney.com/blog/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' />  </p>
<p>// Aaron Ardiri<br />
Mobile 1UP<br />
<a href="http://www.mobile1up.com/" rel="nofollow">http://www.mobile1up.com/</a></p>
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		<title>By: Aaron Ardiri</title>
		<link>http://www.yourtrademarkattorney.com/blog/iphone-itunes-infringement-part-2/#comment-17</link>
		<dc:creator>Aaron Ardiri</dc:creator>
		<pubDate>Mon, 11 Jan 2010 15:05:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.yourtrademarkattorney.com/blog/?p=112#comment-17</guid>
		<description>as the developer of GW Monkey (and, other games like it) i can respond directly to this. 

Mobile 1UP developed a number of game and watch clones/copies; which, did not use Nintendo&#039;s trademarked characters (specifically, Mario, Donkey Kong) - however, due to the success of press around the games; we were forced to remove them as they could cause confusion being associated with Nintendo. GW Monkey is based on the game GW Chef - we replaced all the graphics, naming etc - the fact that it is a monkey has nothing to do with donkey kong. 

we have dealt with Nintendo&#039;s legal team and changed our applications - to remove any confusion and legal recourse around trademark and copyright infringement - we didn&#039;t have to; we did it anyway because fighting the legal case would require significant funds.

BTW: the keywords for GW Monkey are:

game, watch, lcd, monkey, classic, fun, addictive, kids, simple

we used to have the word Nintendo; which we also removed - maybe the search indexes are cached? our description also used to mention the previous game and that it was removed on request by Nintendo.

// Aaron Ardiri
Mobile 1UP
http://www.mobile1up.com/</description>
		<content:encoded><![CDATA[<p>as the developer of GW Monkey (and, other games like it) i can respond directly to this. </p>
<p>Mobile 1UP developed a number of game and watch clones/copies; which, did not use Nintendo&#8217;s trademarked characters (specifically, Mario, Donkey Kong) &#8211; however, due to the success of press around the games; we were forced to remove them as they could cause confusion being associated with Nintendo. GW Monkey is based on the game GW Chef &#8211; we replaced all the graphics, naming etc &#8211; the fact that it is a monkey has nothing to do with donkey kong. </p>
<p>we have dealt with Nintendo&#8217;s legal team and changed our applications &#8211; to remove any confusion and legal recourse around trademark and copyright infringement &#8211; we didn&#8217;t have to; we did it anyway because fighting the legal case would require significant funds.</p>
<p>BTW: the keywords for GW Monkey are:</p>
<p>game, watch, lcd, monkey, classic, fun, addictive, kids, simple</p>
<p>we used to have the word Nintendo; which we also removed &#8211; maybe the search indexes are cached? our description also used to mention the previous game and that it was removed on request by Nintendo.</p>
<p>// Aaron Ardiri<br />
Mobile 1UP<br />
<a href="http://www.mobile1up.com/" rel="nofollow">http://www.mobile1up.com/</a></p>
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	<item>
		<title>By: Markusn</title>
		<link>http://www.yourtrademarkattorney.com/blog/iphone-itunes-infringement-part-2/#comment-16</link>
		<dc:creator>Markusn</dc:creator>
		<pubDate>Mon, 11 Jan 2010 05:24:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.yourtrademarkattorney.com/blog/?p=112#comment-16</guid>
		<description>Hello,

question: how do you know this is not just the way the apple search algorithm is implemented? Maybe it is smart?
isn&#039;t that the same problem class as a Google search result, which can return any results when entering a trademark as search term?
Point is while u might be right I think you can&#039;t force apple to reveal how their app search works 

Plus keywords are non public, so it&#039;&#039;s again speculation if a dev used a trademarked word.
(Disclaimer: I&#039;m an app developer and worked with apple through a TM violation, feel free to
contact me. Great posts!)</description>
		<content:encoded><![CDATA[<p>Hello,</p>
<p>question: how do you know this is not just the way the apple search algorithm is implemented? Maybe it is smart?<br />
isn&#8217;t that the same problem class as a Google search result, which can return any results when entering a trademark as search term?<br />
Point is while u might be right I think you can&#8217;t force apple to reveal how their app search works </p>
<p>Plus keywords are non public, so it&#8221;s again speculation if a dev used a trademarked word.<br />
(Disclaimer: I&#8217;m an app developer and worked with apple through a TM violation, feel free to<br />
contact me. Great posts!)</p>
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