Infringements - help!

[matchy]

I received a response stating the characters and board need to be changed.



That was the issue...clear specifics..not bully "something wrong about the app so take it down" attitude.

So I have removed both version from the App Store without challenge but there more to this than just me. If Hasbro (or any company) applies this logic to one, it must apply to others.

Anyhow, I couldn't be bothered with recreating it. Need to get in to a 3D modeling mood. lol. Although, I'd rewrite it with Box2D this time.

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[monono]

I am not a lawyer, but from what I read I would have told you before. They cannot take any legal action if it would be just the game logic. But your design and even the name is to close to their game. You do use their longtime effort to the trademark for your success. If customers easily or intentionally are reminded of the original it´s clearly illegal. So pls don´t sell computers with just a pear as its logo 
As it is with tetris. In nearly any case somebody made a tetris clone with a part of the name in the title (like tet or tris) they went to court with, the tetris company won. You could still name other products "tetris" like jeans or softdrinks, because they´re not in direct market competition with the computer game. I wonder when the good selling pong clone from a communty member has the same problems. Atari is really lame these days.
Wish u luck redesigning the game, matchy .

[bigsofty]

I think that's not a bad turn of events, you could conceivably just change it to a square board and change em to crocks and your set. Change to add some bonus balls, extra features etc to-boot....

I hope it works out in the end.

Cheers,


Ian

[Kitty Hello]

You can have my croco model from the LD48 I did once:
Samples\_Projects_\CrocoGame

[Moru]

... wonder when the good selling pong clone from a communty member has the same problems. Atari is really lame these days.

Well Hasbro used to own Atari for a while and I think they both are owned by the same company now so don't be surprised if something similar happens :-)

[Kitty Hello]

Now they got me!!!

On 3/15/2011, we received a notice from Hasbro, Inc. that Hasbro, Inc. believes your applications named "Dr. Shiver", and "Dr. Shiver HD" infringe Hasbro, Inc.'s intellectual property rights. In particular, Hasbro, Inc. believes you are infringing their trademark.


You can reach Hasbro, Inc. through C.R. (phone:xxxxxxx, email: xxxxxxx). Please exchange correspondence directly with Hasbro, Inc..


We look forward to receiving written assurance that your applications do not infringe Hasbro, Inc.'s rights, or that you are taking steps to promptly resolve the matter.  Written assurance may include confirmation that your applications do not infringe Hasbro, Inc.'s rights, an express authorization from Hasbro, Inc., or other evidence acceptable to Apple. 


Under our terms of agreement, Apple may remove your applications from the App Store at any time.  You may remove your applications using the steps provided below, for example, while you make any necessary changes to your applications.

[Ian Price]

Oh dear.

[bigsofty]

Hmmm, your game is pretty diffent from Operation IMHO... I don't understand their problem?

Cheers,


Ian

[ampos]

The problem is that they have tons of lawyer and we dont.

[Ian Price]

The problem is that they have tons of lawyer and we dont.

Indeed. And the phrase "infringe Hasbro, Inc.'s intellectual property rights. " doesn't actually mean anything, especiially since ideas can't be copyrighted, the gameplay, the graphics and the sound are totally different to the original game. The name?



Dr. Shiver and Doktor Bibber are not that close.

What else is left that Hasbro think infringes their rights? Bugger all that I can see. But I'm no lawyer. And they can afford lots of them.

[Kitty Hello]

Yes, I see no problem at all. I asked for details. Bibber is the German word for "shiver", but that can't be a problem, can it?

The gameplay is different, though the tweezers are there in the original as well. I can change that to a toothpick easily, though.

Might be worth thinking about an "Animal Doctor" version.

[Minion]

They`re just pissed off that they didnt do it before you

[Kitty Hello]

The problem is, I'm doing some fine money with that game. Like 1:1 the money I make with GLBasic.

[Moebius]

Hopefully Hasbro are literally only complaining about the name:

Hasbro, Inc. believes you are infringing their trademark.

Bibber is the German word for "shiver", but that can't be a problem, can it?

Something that translates to "Doctor Shiver" could be seen as grounds to remove the app.  Regardless of what you would say against this, lawyers are very expensive... 
You might have to rename it to avoid legal problems.  The legal system is truly unfair unless you're a company worth $3 billion US, and spend your wealth on crushing developers who pose no threat to you...

[Ian Price]

Yeah, it looks like the name may well be the reason for this after all, although try to get confirmation about this - no point releasing a differently named app if the name isn't the problem.

Here are a few names if you need them, grabbed from the air at random (don't know if they are used elsewhere)

$urgical $pirit
Open $urgery
Doctor Doctor!
Dr. Doctor
Spacial Op$
Doc Patient$
Doctor Patient