So, funny story...
On 4/26/2019, we received a notice from Snap Inc. (Kilpatrick Townsend & Stockton LLP) ("Complainant") where that Complainant believes our app infringes its intellectual property rights. In particular, Complainant believes we are infringing its trademark:
App Title: SnapBooth Photobooth
Apple ID: 814533628
Comments from Complainant: We represent Snap Inc. (“Snap”) in intellectual property matters. Our client’s SNAPCHAT-branded mobile application (the “Snapchat app”) is among the top photo and video sharing applications in the world, with more than 186 million daily users and more than 10 billion views per day. Snap has extensively promoted and used its SNAPCHAT® and SNAP® trademarks and owns numerous trademark registrations and applications for these marks, including U.S. Reg. Nos. 4971934 and 4111564, among many others. These marks have become well-known and famous, and they indicate to consumers that photo and video sharing software, social networking services, publishing services, and other related goods and services originate from or are sponsored by Snap. Snap is also the owner of trademark registrations for its large family of SNAP-formative marks, including, without limitation, SNAP INTERACTIVE®; SNAP ADS®; SNAP CHANNEL®; SNAPCODE®; and SNAPMOJI™. Needless to say, Snap considers its trademarks (collectively the “Snap Marks”) to be among its most valuable assets. These assets enjoy broad protection under federal, state, and international laws.
It has come to our attention that a developer is distributing a mobile application called “SnapBooth Photobooth” which is accessible and available for download via the following link: http://itunes.apple.com/app/snapbooth-photobooth/id814533628. This app offers users tools for photo editing and sharing. The app description states: “SnapBooth App acts as a free un-managed personal photo booth. Allowing you to take epic photos and selfies at your wedding, party or event.” Given that this app provides photo editing and sharing tools that are similar to those offered in the Snapchat app, the developer’s use of the SNAP marks creates a likelihood that consumers will mistakenly believe that the “SnapBooth Photobooth” app is associated with, sponsored or approved by Snap, when that is not the case. Such use violates Snap’s trademark rights and Apple’s Developer Program License Agreement, which prohibits developers from infringing third-party intellectual property rights. We request your assistance in addressing these violations.
We look forward to receiving written assurance that your application does not infringe Complainant's rights, or that the parties are taking steps to promptly resolve the matter. Please keep us apprised of your progress.
Let's be honest, the application's functionality paired with the logo's and colours of the two apps are vastly different. The comparison of SnapBooth Photobooth app with Snap Inc. is purely coincidental, by no means intentional and do NOT infringe on the Snap Marks registered by Snap Inc.
With that being said, this venture does not have the kind of means able to defend such accusations. We can't play with the big dogs - we're small fry. Although, it is nice that someone is noticing us, even if it's for the wrong reasons. I suspect it must mean we're doing something right.
Kudos to the lawyers for doing their jobs.
We move on and hope that no one tries to sue us for using the name TapBooth. Fun times. ;)