That's a fairly cavalier attitude to a mater that can get very costly. Scare letter or not, this is definitely a case where you better err on the side of caution.
Whether or not the charge holds any water, it isn't any surprise that they would come after the author. "xWithFriends" is something Zynga/Whoever Zynga Acquired came up with, and chances are if ScrabbleWithFriends didn't exist/wasn't extremely popular, the author would have chose a different name for his app.
This is no different to me than Facebook and Apple having a hissy fit over the "*book" and "i[A-Z][a-z]+ terms". I don't think its any stretch of the imagination that someone might associate "CupidWithFriends" with Zynga or any of the related apps.
Just think of the shitstorm that would happen if Google were to name their self driving car the "iCar." Whether or not Google could say "well its not consumer electronics, its an automobile." doesn't change the fact that most people would initially believe that is was Apple's car, not Google's.
This isn't a matter of who is right but who wants to spend more money on lawyers. Which you have to do if you decide not oblige.
Been there. Done that.
If its not too much hassle just change the name.
You could also wait and see if they pursue it farther before doing anything. But companies with lawyers don't have much to lose when it comes to going after little guys.
This is a trademark issue-- not copyright. "Likelihood of confusion" on the part of the consumers is the main standard. Seems unlikely a a judge or jury will find that the reasonable consumer will conflate the app and the play.
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[ 4.8 ms ] story [ 41.8 ms ] threadThis is no different to me than Facebook and Apple having a hissy fit over the "*book" and "i[A-Z][a-z]+ terms". I don't think its any stretch of the imagination that someone might associate "CupidWithFriends" with Zynga or any of the related apps.
Just think of the shitstorm that would happen if Google were to name their self driving car the "iCar." Whether or not Google could say "well its not consumer electronics, its an automobile." doesn't change the fact that most people would initially believe that is was Apple's car, not Google's.
Been there. Done that.
If its not too much hassle just change the name.
You could also wait and see if they pursue it farther before doing anything. But companies with lawyers don't have much to lose when it comes to going after little guys.
http://www.amazon.com/Dinner-Friends-Donald-Margulies/dp/155...