What do I do? King.com Ltd. accused me of trade mark infringement.
King.com Ltd. owners of Candy Crush & Candy Crush Saga are accusing me of infringing on their app name. Basically they are saying that the word “Candy” belongs to them. Can you trade mark such a commonly used word, and mind you there are thousands of other apps on the App Store with the word “Candy” as part of the app name.
The name of my app is Candy Rush Fever, how is Candy Rush Fever infringing on Candy Crush and Candy Crush Saga, please do look up apps on the App Store with the word “Candy” as part of their app name, thousands! Just another Big Fish trying to eat the Small Fish, but I am not backing away without a fight.
This is King.com Ltd. complaint to Apple…
“The identical/confusingly similar use of our marks CANDY CRUSH, CANDY CRUSH SAGA for identical goods (mobile games) amounts to trade mark infringement. this use takes unfair advantage of our rights and is likely to lead to consumer confusion and damage to our brand. Please amend/or remove app.”
Please tell me how Candy Rush Fever and Candy Crush or Candy Crush Saga are identical or similar. I have been marketing the app through varies channels, and the app has reached top 1000 apps on the Games/Board category in Canada, Russia, Congo and India. It has reached Top 300, Top 500 in Canada on the Games/Board category. The app is trending in almost 10 countries on the Games/Board category.
Candy Rush Fever has been receiving some good reviews and ratings, of course, I was the first to review and rate it. Anyways this is just part of being an Apprenuer, i hope Apple sees that I have not infringed on King.com Ltd. trade marks, and if I did, please they need to be specific to what was infringed, so I can be able to amend and update the app.
This is just fuel to my fire, it does not discourage me, it only boosts my confidence. If I can be noticed by such a big company, I must be doing something right or wrong!
Actions I have taken:
I have replied to Apple, stating this is not an infringement on King.com Ltd. trade mark
I have contacted the developer about the situation, he says to wait for Apple’s reply.
Kings.Ltd said they will respond very soon
Questions:
What should I do?
Can Apple request for me to remove the app, even if thousands of others are using Candy as part of their app name?
Can I sue King.com Ltd. for defamation?
Thanks for reading, any and all efforts is greatly appreciated. If you have an iPhone, download Candy Rush Fever and give it a try. You can review and rate it. God bless.
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