質問
On Google Play or in the App Store you often see apps that are basically clones of a currently trending or famous app. Those "derivative" apps are very similar in the type of service they provide, in how they do it, maybe even the design. If nothing seems to be distinctive but the name and the app's icon, does the owner of the prestigious app have any recourse against the derivatives?
回答: 2 public & 0 非公開
The owner of the prestigious app can potentially seek redress using actions under patent, trademark, and/or copyright law. If the similar app performs these services using a method that is protected by a patent held by the owner of the prestigious app, then the patent owner may be able bring a patent infringement suit against the owner of the similar app. If the mark (e.g., name/logo) used on the similar app is confusingly similar to a mark associated with the prestigious app, the owner of the prestigious app may be able to bring an trademark infringement suit against the owner of the similar app. If the graphical screens (e.g., images, text, etc.) presented by the similar app are similar to those presented by the prestigious app, the owner of the prestigious app may be able to bring a copyright infringement suit against the owner of the similar app.
-The above is not legal advice -
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