A little bit of drama, we just received the following message from Apple regarding the freshly released OlloCorrect app.
“On 9/4/2012, we received a notice from Knobbe Martens Olson & Bear, LLP that Knobbe Martens Olson & Bear, LLP believes the app listed below infringes their intellectual property rights. In particular, Knobbe Martens Olson & Bear, LLP believes you are infringing their trademark, keywords and app name. Here are their comments: We are the registered trademark owner for the mark OLLOCLIP. HiLO’s use of OLLOCORRECT will likely cause consumers to mistakenly believe that HiLO is affiliated with Olloclip or that Olloclip endorses HiLO’s “Ollocorrect” product, when it does not.”
Funnily enough we sent an email to Olloclip’s support telling them about our plans to launch an app for correcting lens distortion. They did not reply then. In fact they still have not contacted us.
I guess their plan is to have Apple boot the OlloCorrect app out of the App Store.
What do you think ? Should we change the name ?
To be honest, I can see Knobbe Martens Olson & Bear, LLP’s point, and it’s not one I’d like to fight in court myself. To add to that, the name you have chosen makes the app seem like a one-trick pony whereas I understand it will (or, shall I say “is designed to”) correct barrel and pincushion distortion, and remove vignetting whatever the external lens being used.
So I reckon you’re both in a tricky position regarding the brand and any trademarks (registered or not) while simultaneously selling yourselves short and so should change the name forthwith.
Take the high ground, and fast!
Hi Mike!
Olloclip do have a glass half full mentality, but that is their right. From a trademark/copyright perspective, I don’t think they have a leg to stand on. For example should Facebook have trade rights over anything starting with “Face”, Instagram should have rights over anything starting with “Insta” and Apple have rights over anything starting with “i” ?
Over a month ago (prior to the app release) I contacted Olloclip and got no response. I think they are trolling and I don’t like that behavior. But I will keep thinking about the points you raised.
Cheers,
Mark
Actually, Facebook *does* have quite a lot of rights regarding the use of the word “face” in most contexts that relate to its core business, as does Instagram (sorry, Facebook again…) with “insta”. That’s how IP law works, and why so much money is involved in it.
It may seem silly, but that doesn’t make it not so…
There are over 100 apps which come up in the app store when searching for “face” and over 100 again when searching for “insta”.
Still I hear your point. You’ll see in the next post that they ratcheted up a gear. Now wanting money. And claiming rights over any “eye shaped” logo.
It makes me want to believe in karma.
The key thing is how the allegedly infringing element is being used. No one can claim total rights over the use of the word “face” in any jurisdiction of which I’m aware. The use of the word “face” in connection with a software platform for social networking, however, is *exactly* the sort of thing that IP law exists to protect (although whether the detail example concerning whether an allegedly generic word as “face” deserves such protection is something that is buying Facebook’s IP lawyers plenty of new BMWs).
Just as (without prejudice to the rights and wrongs of the particular circumstances) the use of an abstracted diagonal eye logo in association with supplementary lenses for handheld electronic devices is the sort of thing that such law is there to protect.
However, you could almost certainly use such a logo (especially in a jurisdiction where the other party does not have a registration, of course) for something such as a range of refreshing beverages or kitchen utensils.
Mike, I need to jump to a new thread, we are being pushed off the page
My understanding is that the trademark does not protect a logo “concept” but a particular design. There would need to be confusion between two logos before the trademark rights can be enforced. Otherwise, for example, people would be able to claim rights to “round” logo designs.
Regarding words, the situation is less clear to me. For example I dont’t think that Adidas can stop someone selling sports gear as Adicorrect. But no doubt if there are lawyers involved they would love to try.
It’s actually a lot more nuanced than that, unfortunately. And, of course, it varies (sometimes substantially) from jurisdiction to jurisdiction. And the issue can extend beyond trademarks to other areas of IP and even business practise. My own approach in such circumstances is always a) not to guess, b) treat the opinions of others as just that (however well-founded they may seem) and c) lawyer up with the best IP lawyer I can afford at the time. It’s not a field for amateurs, nor for backing a view that “ought” to be right, IMO!
Sounds advice Mike. I’m no doubt naive believing that, If decision makers (not lawyers) can actually discuss the situation there is a chance things can be resolved to everyone’s satisfaction.
The jurisdiction is an interesting question. I don’t want to turn this blog into this one saga. But there is a more recent post here http://www.hilolens.com/blog/archives/2012/09/06/next-ollochapter/ I’m planning on updating that post regarding “progress”.
It has been very useful to bounce ideas with you thanks. It helps get a bit of distance from the issue.
Hey Mark – Agree with Mike. The “Ollocorrect” name is about as close to “Olloclip” as one could get. Is there another “Ollo-anything” out there? When I downloaded the app, I thought it was from Olloclip.
I use and like your product, and there’s definitely a need for it. I would rename it and move on. Good luck.
Hi Bruce, thanks for your feedback. The OlloCorrect app is designed for the Olloclip. Even if the product has a completely different name it is likely some people would assume Olloclip made it. Because OlloCorrect is an accessory for the Olloclip I think this is unavoidable. I really dislike how Olloclip is behaving. I believe OlloCorrect (or the same app with another name) helps sell more Olloclips (because other lenses don’t have an app). So if I need to rename the app I will also take the time to calibrate another add-on lens e.g. the PhotoJoJo lenses.
I’m not aware of any other OlloThings out there. Olloclip currently make one product in the optics space (not software).
Is there another brand of add-on lens you would like to see supported ?
Maybe BarrelCorrect? DistortionCorrect? No… those aren’t very good names.
There’s tons of other cheap magnet-style lenses, but I think the only other main-stream iPhone lens would be the iPro lens system (www.iprolens.com). I’ve ordered an iPhone 5 and am keeping an eye on Phocus (www.smartphocus.com). These are the same guys who had the functional – but really bulky – OWLE wide-angle lens. Form, function and value of this product looks really great.
Good luck.
From what I’ve seen the cheap magnet-style lenses use the same quality optics as Olloclip – is that your experience ?
I was not aware of the Phocus project – thanks.
I’ll reach out to iPro and see if they are interested in OlloCorrect’s functionality. Thanks !
Bruce, I’m reaching a conclusion on this saga. The latest comment below gives my thoughts about the situation : http://www.hilolens.com/blog/archives/2012/09/06/next-ollochapter/#comment-230
I may be overly simplistic, but when talking trademark you have to be more than just infringing on a play of words in a name. Take a look at the punctuation of olliclip vs OlloCorrect and logo are not in any likeness.
The weight is on olloclip to prove the infringement.
To be devil’s advocate though, why wasn’t the app called HiLOcorrect?
Hi Jason, trademarks can be infringed when “playing” on a word but you are right that it requires interpretation. The courts are there to do the interpretation if you have the time/money. In OlloClip’s own website they explain that the word “Ollo” means to see in several languages. The App OlloCorrect was calibrated to work with the OlloClip. My goal was to make existing owners of the Olloclip aware of the HiLO Lens. The OlloCorrect app is not designed to work with the HiLO Lens (we have another app for that). So it would be confusing to name the OlloCorrect app HiLOCorrect – but it is a good idea. Thanks for your interest! Mark.