The Register® — Biting the hand that feeds IT

Feeds

Apple bans 'memory' games from iOS App Store

Cupertino surrenders to German trademark claim

Customer Success Testimonial: Recovery is Everything

Apple is reportedly sending email notices to developers of iOS games with the word "memory" in their titles, warning them that unless they change their apps' names, they will be pulled from the App Store.

According to a report by Gamasutra, the move comes at the behest of German puzzle and board game maker Ravensburger, which claims to own the exclusive trademark for the word "memory" in game titles in some 42 countries.

The basis of the claim is Ravensburger's family of Memory-branded board games, which the company says are "world-renowned classics" – so popular, it claims, that the Memory name is familiar to 91 per cent of Germans.

Presumably, that includes the German expatriate community, as well. In addition to Germany itself, Ravensburger also claims to hold the trademark in Armenia, Austria, Bosnia and Herzegovina, Belarus, Belgium, Brazil, Croatia, Czech Republic, Denmark, Egypt, Equador, Estonia, Finland, France, Georgia, Greece, Hungary, India, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Montenegro, Netherlands, Norway, Peru, Poland, Portugal, Russian Federation, Serbia, Slovakia, Slovenia, South Korea, Spain, Switzerland, Turkey, Ukraine, and Venezuela. 

Although neither the UK nor the US is included in the list, developers whose apps are sold internationally will need to resubmit them under new names in those countries, as well, if they want to maintain consistent branding across all of their markets.

Photo of Ravensburger's 'emory: East Meets West' board game

Offending iOS apps could easily be mistaken for this, Germans claim

So far, Apple has issued no public statement on the matter and neither it nor Ravensburger responded to The Reg's request for comment. But for Cupertino to cave in to Ravensburger's request without much fuss isn't really surprising, considering that Apple itself has made similar demands of iOS developers in the past.

In 2009, John Devor of Mac shareware company The Little App Factory received a cease-and-desist letter from the iPod-maker's lawyers claiming that his iPodRip app's name violated Apple's trademarks.

Frustrated, and worried that changing his app's name after six years of sales would cost him business, Devor emailed no less than Steve Jobs himself for help. Instead of the intervention Devon had hoped for, however, Jobs merely sent a one-line response: "Change your apps [sic] name. Not that big of a deal."

Indeed. And if we here at El Reg may proffer and observation, Ravensburger only appears to hold the trademark on the English word "memory," meaning the equivalent titles in German are probably fair game. An app called "Preschool Memory Match" may be verboten under the new rules, but you must admit that "Kindergarten Erinnerungsvermögen Übereinstimmen" has a certain ring to it. ® 

Agentless Backup is Not a Myth

wow

Everyone on here rips on the admittedly stupid US patent and copyright system (will be eternal copyright soon so Mickey Mouse can never go into the public domain) but it looks like Germany can be just as silly about it. Also how silly is it that we no longer allow even words to be communal. Somebody has to own everything or the world will end.

21
2

A while back, I received a notice that a parody Web page I'd created was (allegedly) infringing on someone's trademark.

Rather than try to fight it, I changed the copy on the page, and then added a disclaimer in the footnotes saying "This page is not affiliated with nor endorsed by (trademark owner's name) and should not be confused with (trademark).

Lo and behold, the number of hits I got on the page went up, not down. People searching for the trademark term still found the page (because it appeared in the disclaimer), and people searching for more generic terms that weren't the trademarked term also found the page (because I'd revised the body copy).

Funny how trademark takedown requests can backfire like that.

19
0
Anonymous Coward

'memory' should be careful about making infringement claims.

That picture of one of their games shows that it consists largely of pictures displayed on squares with rounded corners, arranged in a grid pattern. Only a matter of time before Apple's lawyers spot the resemblance to the iOS home screen...

15
1

More from The Register

SCO vs. IBM battle resumes over ownership of Unix
Zombie lawsuit back and wants to suck the brains out of Linux
Bjarne Again: Hallelujah for C++
Plus: Now officially OK to admit you never used STL algorithms
Interwebs taunt Sir Jony over Apple eye candy makeover
Hey Ive, Ive... add more unicorns, willya?
Apple: iOS7 dayglo Barbie makeover is UNFINISHED - report
Plus: You don't like the icons? Blame marketing
Red Hat to ditch MySQL for MariaDB in RHEL 7
So long, Oracle! Don't let the door hit you on the way out
Shy? Socially inadequate? Fiddling with your phone could help
App 'tells the brutal truth' about social inadequates' chatup lines
Java EE 7 melds HTML5 with enterprise apps
New release arrives with GlassFish, NetBeans support
 breaking news
'Office Facebook' firm Tibbr wants you to PAY for mobe-meetings app
Great idea. Punters won't cough for it though
 breaking news
The only Waze is Google: Ad giant tipped to gobble map app 'for $1.3bn'
Pac-Man-satnav-ish upstart in bidding war with Apple, Facebook
 breaking news
PM Cameron calls for modern, programmable computers! (We think)
IT education musings to G8 chiefs to mystify IT industry