App Store keywords : using "trademark" keywords [closed]

Question

I understand that in the App Store rules :

-3.9: Developers are responsible for assigning appropriate keywords for their apps. Inappropriate keywords may be changed/deleted by Apple

-8.5: Use of protected 3rd party material (trademarks, copyrights, trade secrets, otherwise proprietary content) requires a documented rights check which must be provided upon request

I want to use the name of a competitor app as a keyword for my app, but the competitor is complaining that I am doing so (though many other people are also using it too). For instance(not the real case here), my app is a photo app, I have put "instagram" as keyword.

I believe it's fair to use competitor's name as keyword as long as I don't outrank it. Apple also seems to suggest people to use trademarked name as "descriptors".

What would you suggest?

Answer 1

You are bound to US rules and those of your own country. Assuming rules of the USA and of the UK (I am from the UK which is why I include it here) you can use their trademark as long as you are only using it to draw a comparison or to describe your product, which you are doing here. You cannot use it in such a way that it causes confusion between your product and theirs. By the sound of things here you should be okay.

The only thing to be worried about is that if the other company complains there will be a period where the complaint is reviewed, during that time your app may be blocked from the app store so be prepared to wait while that is resolved.

After writting this I did a quick google and found the link below, it does a better job of explaining this than I have done. Be aware that the information below and in my own answer may not apply in your country. I am not a lawyer, I am only an app developer myself.

http://www.insidecounsel.com/2011/11/08/ip-using-a-competitors-trademark-in-marketing