Ravensburger Lowers Ban Hammer On Apple For Trademark Infringement – Developers Beware!

So have you noticed the ton of memory match games available for download in the App Store? From the “vanilla” titled Memory app to more “exotic” titles like Beer Memory, Sexy Memory, Christmas Memory and Monsters Memory … Apple sells just about every memory game flavor.

Ban-Hammer Uh, make that past tense … Apple SOLD just about every memory game flavor. Seems there is a big ol’ German company called Ravensburger who owns the registered trademark “Memory”. A year after the App Store went live, the bad ass folks at Ravensburger finally decided they had seen enough and sent Apple notice. Dated 8/13/09, Ravensburger Digital GmbH (a subsidiary of Ravensburger) sent Apple a 4-page letter informing them of the trademark violation, requesting Apple remove the offending applications … and on a final note, inviting Apple to explore a possible partnership with Ravensburger.

Ravensburger – “You will certainly understand that our company cannot and will not tolerate the unauthorized use by third parties of its trademark Memory®, for designating games and toys as being offered, inter-alia, in your company’s highly popular iTunes store. We therefore kindly invite you to take the appropriate measures to remove from your platform those products offered under the designations which interfere with the trademark rights of our parent company and to confirm that his has been effected in due course.”

(complete letter can be downloaded HERE)

logo_ravensburger_FINAL   Toy Story Memory FINAL

Similar to the app approval process, it seems Apple did not act quick or effective enough for Ravensburger. Two months after initial contact, on 10/15/09, Ravensburger emailed Apple that they found a large number of sellers who are still offering apps using their registered trademark “Memory” and new “illegal” memory apps being approved by Apple. Ravensburger even attached an Excel spreadsheet of sellers who were still in violation.

Ravensburger – “In accordance to German law you are obliged to make sure that products offered on your internet platform are not infringing our rights in the trademark “memory” … You have not complied are you are still not complying with your obligations under German law … As a final attempt to avoid a legal conflict, we hereby ultimately ask you to remove from your platform all applications using our trademark “memory” as listed in the file attached hereto no later than October 22, 2009. Should we still find one of the infringing applications after October 22 on your platform, we do not see any other possibility than to immediately take the appropriate steps.”

Well that finally got Apple’s attention. Emails from AppStoreNotices@apple.com went flying. The initial email requested sellers to fix the problem because pursuant to the agreement with Apple, sellers are responsible for any liability to Apple because of a rights infringement claim. A second email, dated 10/29/09, served as a blunt reminder to sellers who did not previously comply:

Apple – “Ravensburger has advised that this matter is still not resolved … Please contact Ravensburger immediately regarding this issue … If the matter is not resolved shortly, Apple will pull your app from the App Store.”

Sexy-Memory-Title-FINAL

Developers we spoke to were surprised by their infringement (they had no clue such a common word as “memory” was a registered trademark), but will comply by changing there app’s name. There was concern amongst developers that they would also not be allowed to use the keyword “memory” … however after a brief delay, Apple communicated that this keyword technique will continue to be acceptable.

On final note, seems developers need to be extra careful with this Ravensburger thing. Not only were apps cited with the term “Memory” in their title, but Ravensburger reported apps such as … Jirbo Match – Mem – Monkey Preschool Lunchbox – Twin Tiles … as being in violation as well. Ravensburger made it clear they also do not want sellers using “Memory” in the descriptions of app. Ouch! … fair warning – piss off Ravensburger, bet the ban hammer. Play it safe … just stick to developing fart apps.

Bad-Memory-FINAL

November 3, 2009 | Filed Under Games, News 

Comments

  • Marc-André J.

    Ravensburger should also have ownership of the words “Lame” and “Stupid”…
    I can't believe that it's possible to trademark a common word like this one! Another patent / trademarking injustice! Someday, someone will be able to patent breathing and we'll all need to licence our lungs to continue to be alive…

  • Marc-André J.

    Ravensburger should also have ownership of the words “Lame” and “Stupid”…
    I can't believe that it's possible to trademark a common word like this one! Another patent / trademarking injustice! Someday, someone will be able to patent breathing and we'll all need to licence our lungs to continue to be alive…

  • Marc-André J.

    Ravensburger should also have ownership of the words “Lame” and “Stupid”…
    I can't believe that it's possible to trademark a common word like this one! Another patent / trademarking injustice! Someday, someone will be able to patent breathing and we'll all need to licence our lungs to continue to be alive…

  • rogernolan

    Surely there is significant prior art here. They may own a trademark for the word memory applied to a card game but this is an old old game:

    http://en.wikipedia.org/wiki/Concentration_(game)

  • rogernolan

    Surely there is significant prior art here. They may own a trademark for the word memory applied to a card game but this is an old old game:

    http://en.wikipedia.org/wiki/Concentration_(game)

  • rogernolan

    Surely there is significant prior art here. They may own a trademark for the word memory applied to a card game but this is an old old game:

    http://en.wikipedia.org/wiki/Concentration_(game)

  • LivesInABox

    This article is misleading to say the least, that trademark is only applicable under German law, so that would only effect the tiny German app store (for which you could easily use another name and description via itunes localization) and it only covers memory games (card games where you turn over pairs or very similar games). If you call your memory game “recall” or anything without memory in it, your fine – or if your game isn't a memory game then you should be able to use the word memory without problem, as it's a common word, even if there's a registered trademark on a paid em up game, otherwise no product/website/shop/item/thing in German could contain the word “memory”.

    This is exactly the same as gmail – they have to call it google mail like in the uk, because someone else has a trademark, but it's still available in Germany, and it's still called gmail outside those countries!

    Germany is known for having lots of crazy trademarks, as usual Apple overreacts and we end up with lots of blog entries all claiming we can't use the word memory no more!

  • LivesInABox

    This article is misleading to say the least, that trademark is only applicable under German law, so that would only effect the tiny German app store (for which you could easily use another name and description via itunes localization) and it only covers memory games (card games where you turn over pairs or very similar games). If you call your memory game “recall” or anything without memory in it, your fine – or if your game isn't a memory game then you should be able to use the word memory without problem, as it's a common word, even if there's a registered trademark on a paid em up game, otherwise no product/website/shop/item/thing in German could contain the word “memory”.

    This is exactly the same as gmail – they have to call it google mail like in the uk, because someone else has a trademark, but it's still available in Germany, and it's still called gmail outside those countries!

    Germany is known for having lots of crazy trademarks, as usual Apple overreacts and we end up with lots of blog entries all claiming we can't use the word memory no more!

  • LivesInABox

    This article is misleading to say the least, that trademark is only applicable under German law, so that would only effect the tiny German app store (for which you could easily use another name and description via itunes localization) and it only covers memory games (card games where you turn over pairs or very similar games). If you call your memory game “recall” or anything without memory in it, your fine – or if your game isn't a memory game then you should be able to use the word memory without problem, as it's a common word, even if there's a registered trademark on a paid em up game, otherwise no product/website/shop/item/thing in German could contain the word “memory”.

    This is exactly the same as gmail – they have to call it google mail like in the uk, because someone else has a trademark, but it's still available in Germany, and it's still called gmail outside those countries!

    Germany is known for having lots of crazy trademarks, as usual Apple overreacts and we end up with lots of blog entries all claiming we can't use the word memory no more!

  • Markusn

    Just a comment: While it is possible to do local descriptions, it is not possible to give apps different names for different countries.

  • Markusn

    Just a comment: While it is possible to do local descriptions, it is not possible to give apps different names for different countries.

  • Markusn

    Just a comment: While it is possible to do local descriptions, it is not possible to give apps different names for different countries.

  • Markusn

    Just a comment: While it is possible to do local descriptions, it is not possible to give apps different names for different countries.

  • Markusn

    Just a comment: While it is possible to do local descriptions, it is not possible to give apps different names for different countries.

  • Markusn

    Just a comment: While it is possible to do local descriptions, it is not possible to give apps different names for different countries.

  • Tim

    Why is this lame or stupid? The same thing would happen if companies used the common word “Monopoly” or “Life” or “Sorry' to sell a game app. Besides, if you owned the trademark, you'd do the same thing.

  • Tim

    Why is this lame or stupid? The same thing would happen if companies used the common word “Monopoly” or “Life” or “Sorry' to sell a game app. Besides, if you owned the trademark, you'd do the same thing.

  • Tim

    Why is this lame or stupid? The same thing would happen if companies used the common word “Monopoly” or “Life” or “Sorry' to sell a game app. Besides, if you owned the trademark, you'd do the same thing.

  • DontEatTheRavensburger

    Obviously if someone used those words you mentioned singularity it would be a problem, but those words you mentioned are being used along with other words to make up an app's title, just like we use the word Memory, so no, it's not the same thing.

    Frankly, I'm fine with not selling anything in Germany and if we needed to sell something in Germany you simply file for a trademark of the exact name you wish to use, even if it has the word “Memory” in it.

    http://register.dpma.de/DPMAregister/marke/eins…

    Imagine if every trademark owner did what Ravensburger is doing, it would be nearly impossible to come up with a coherent title.

  • DontEatTheRavensburger

    Obviously if someone used those words you mentioned singularity it would be a problem, but those words you mentioned are being used along with other words to make up an app's title, just like we use the word Memory, so no, it's not the same thing.

    Frankly, I'm fine with not selling anything in Germany and if we needed to sell something in Germany you simply file for a trademark of the exact name you wish to use, even if it has the word “Memory” in it.

    http://register.dpma.de/DPMAregister/marke/eins…

    Imagine if every trademark owner did what Ravensburger is doing, it would be nearly impossible to come up with a coherent title.

  • DontEatTheRavensburger

    Obviously if someone used those words you mentioned singularity it would be a problem, but those words you mentioned are being used along with other words to make up an app's title, just like we use the word Memory, so no, it's not the same thing.

    Frankly, I'm fine with not selling anything in Germany and if we needed to sell something in Germany you simply file for a trademark of the exact name you wish to use, even if it has the word “Memory” in it.

    http://register.dpma.de/DPMAregister/marke/eins…

    Imagine if every trademark owner did what Ravensburger is doing, it would be nearly impossible to come up with a coherent title.

  • DontEatTheRavensburger

    Obviously if someone used those words you mentioned singularity it would be a problem, but those words you mentioned are being used along with other words to make up an app's title, just like we use the word Memory, so no, it's not the same thing.

    Frankly, I'm fine with not selling anything in Germany and if we needed to sell something in Germany you simply file for a trademark of the exact name you wish to use, even if it has the word “Memory” in it.

    http://register.dpma.de/DPMAregister/marke/eins…

    Imagine if every trademark owner did what Ravensburger is doing, it would be nearly impossible to come up with a coherent title.

  • DontEatTheRavensburger

    Obviously if someone used those words you mentioned singularity it would be a problem, but those words you mentioned are being used along with other words to make up an app's title, just like we use the word Memory, so no, it's not the same thing.

    Frankly, I'm fine with not selling anything in Germany and if we needed to sell something in Germany you simply file for a trademark of the exact name you wish to use, even if it has the word “Memory” in it.

    http://register.dpma.de/DPMAregister/marke/eins…

    Imagine if every trademark owner did what Ravensburger is doing, it would be nearly impossible to come up with a coherent title.

  • DontEatTheRavensburger

    Obviously if someone used those words you mentioned singularity it would be a problem, but those words you mentioned are being used along with other words to make up an app's title, just like we use the word Memory, so no, it's not the same thing.

    Frankly, I'm fine with not selling anything in Germany and if we needed to sell something in Germany you simply file for a trademark of the exact name you wish to use, even if it has the word “Memory” in it.

    http://register.dpma.de/DPMAregister/marke/eins…

    Imagine if every trademark owner did what Ravensburger is doing, it would be nearly impossible to come up with a coherent title.

  • Absolutely ridiculous. Not using “memory” in the description? They have no legal authority over claiming trademark over such commonly used terms. Secondly, the German law does not designate it to apply to the international community. The best thing the developers who are in perceived violation can do is to remove their product from the German AppStore, which is roughly only 3% of the AppStore market anyways.

  • Absolutely ridiculous. Not using “memory” in the description? They have no legal authority over claiming trademark over such commonly used terms. Secondly, the German law does not designate it to apply to the international community. The best thing the developers who are in perceived violation can do is to remove their product from the German AppStore, which is roughly only 3% of the AppStore market anyways.

  • Absolutely ridiculous. Not using “memory” in the description? They have no legal authority over claiming trademark over such commonly used terms. Secondly, the German law does not designate it to apply to the international community. The best thing the developers who are in perceived violation can do is to remove their product from the German AppStore, which is roughly only 3% of the AppStore market anyways.

  • Peer

    The article is not precise. Its not alowed to use a decribtion on the lines of “A game similar to Memory” – as itz is not alowed to make decsribtions like “a Monopoly-Clone” or “A word game just like scrabble” .
    You could uise “A matching game wre you use your memory to find hidden pairs”, because it doesnt refer to the game title.
    And this is not stupid – Sony didnt do it and they lost they trademark on “Walkman” (yeah, they were the first) whgich has cost them millions.

  • Peer

    The article is not precise. Its not alowed to use a decribtion on the lines of “A game similar to Memory” – as itz is not alowed to make decsribtions like “a Monopoly-Clone” or “A word game just like scrabble” .
    You could uise “A matching game wre you use your memory to find hidden pairs”, because it doesnt refer to the game title.
    And this is not stupid – Sony didnt do it and they lost they trademark on “Walkman” (yeah, they were the first) whgich has cost them millions.

  • I found this site because I just got bit by this. I submitted my first app called Memory for Kids and it got rejected because I called it Memory. Anyone know how I can register 'the', and 'game'?

  • Thanks for the visit and bummer to hear about your situation … seems a lot
    of devs were blindsided by this deal from Ravensburger.

    Seems most devs are simply going the route of changing their app's name.
    Maybe something in the ball park of “MatchUp for Kids”, “Kiddie Match – The
    Matching Game For Kids”??

  • Thanks for the visit and bummer to hear about your situation … seems a lot
    of devs were blindsided by this deal from Ravensburger.

    Seems most devs are simply going the route of changing their app's name.
    Maybe something in the ball park of “MatchUp for Kids”, “Kiddie Match – The
    Matching Game For Kids”??