Stick Sports trademark infringement complaint could expand to more app stores

As is often the case when it comes to fairly complex legal issues, you can never have too much clarification.

Hence, we've fired a couple of questions over to Sheridans, the legal company handling Stick Sports' App Store trademark infringement claims.

As argued in a detailed explanation of the case, Stick Sports, via its parent company, has a UK registered trademark for the word 'Stick' in relation to certain games (UK number 2468968).

This is one reason it's asking developers of Stick sports games to rename them or remove them from the App Store.

Of course, a UK trademark is only enforceable within the UK, which is why Sheridans' Alex Chapman says the company is making its claim in terms of passing off and unfair competition

"Those rights are rights that exist in unregistered trade marks and are based on the principle that a business that has built goodwill and reputation in a brand should be able to prevent others using it where consumers may believe that the other is in some way connected with the brand owner," he explains.

Stick Sports has been operating since 2004, although the trademark was filed on 9 October 2007, and registered on 30 May 2008.

Would it be possible for developers to meet these demands by removing their games from the UK App Store?

"That would avoid the registered trade mark infringement claim but not the passing off / unfair competition claims," Chapman says.

Some good news is Stick Sports is only including companies who have released sports games and have Stick in the titles within its complaint.

"Its concern is essentially with the sports games," Chapman says.

As for a final question; what about other app stores, such as the Android Market or Ovi Store, which contain sports games with Stick in their titles?

"We are taking instructions on that," Chapman notes.