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You say you're not in the US - where are you based? Because if it's Europe you don't need US legal advice. Your app is being sold to those in the EU by iTunes S
by objclxt 15y ago
You say you're not in the US - where are you based? Because if it's Europe you don't need US legal advice. Your app is being sold to those in the EU by iTunes Sarl, as is the competing/infringing app. I know this isn't immediately helpful, but you shouldn't be under the misapprehension you can only enforce things through the US courts vis a vis the App Store. There is also a similar Australian iTunes subsidiary.
- albertogh 15y agoI'm in Spain. I didn't think that getting their app removed from the EU stores would make a noticeable difference, since the app is only popular in English-speaking countries. However, your point really makes sense. I'll be contacting my lawyer later today just in case.
- robterrell 15y agoThis can work to your advantage. In my case, a developer in the EU made claims against an app of mine, and since all of the legal documents arrived in a foreign language, it cost twice as much to have a lawyer simply evaluate the claims -- they had to use a partner firm in the originating country to translate the documents. The ongoing cost of lawyers made me fold and remove the app from the store. I still maintain to this day that I did nothing wrong, there was zero infringement and his claim was 100% legally bogus, but I couldn't afford to keep the lawyers on top of it. So, what was bad for me might be good for you. Get a lawyer and have him draft something really strong in Spanish.
- albertogh 15y agoI was under the impression that I was responsible for sending them the documents in a language that they could understand. This sounds really good. Many thanks for letting me know!