Due to trademark “dispute” with Apple I have been informed by Apple’s lawyers that they had trademarked the term “Cocoa Touch” (secretly) in Trinidad in early March of 2008. It means I have to remove all references to that phrase from my name, URL, products etc etc “at your earliest convenience.”
Sure as hell hope the required updates to the apps get some sort of priority processing when submitted.
Anyone got any good ideas for a new name? 
Sorry to hear that Davey. …
How about Koko Touch Games. Your logo could be a gorilla playing with the iPhone. 
Not bad at all. I’ve had people suggest the pig latin version, similar names (chocolate tap games), etc.
There will be more details in a press release my writer/editor wife is tackling tis weekend that will at least provide some hits/publicity.
Also, when I said “secretly” they didn’t actually hide the patent in Trinidad or anything.
But it’s like the demolition order for Earth in Hitchhiker’s Guide to the Galaxy.
You have to be there in person to file or search on patents, and how many of us just trot of down to Trinidad to see if a TM patent’s been filed. Almost like they do that on purpose. 
Anyway, I’m getting lots of people PMing me and emailing with good ideas which is encouraging. Thanks!
If you want to avoid getting more letters from lawyers, you should avoid names that sound like Cocoa Touch (or could be “confused” with it). Like I mentioned in a long-ago thread, I got a letter saying Fugu Games was too close to FUBU (and there are much more high-profile cases documented, of course). In my case, I just ignored them since they’re not even in the game business (though they did register their trademark in that class somehow).
I don’t get that bit about registering in Trinidad. Does that mean they didn’t register with the USPTO? (by the way, trademark is distinct from patent) If so, as a layman, I don’t see what force that has, except with selling apps in Trinidad. Or is there some kind of official trademark enforcement agreement with Trinidad?
You got me curious, so I looked up the trademark registration for Cocoa Touch:
It was filed last August but the “Priority Date” is in March. I’m not sure what that means, but I remember during the trademark application process you state when the mark was first placed in use. I compared it with my Fugu Games registration and noticed also that they registered Cocoa Touch in several classes, but not including the one covering computer games.
Basically, Apple registered the TM “Cocoa Touch” in Trinidad in March, two months before anyone knew about the SDK and official programming environment (released May 13) to preemptively protect themselves.
The official press release from Apple on that day (May 13) specifically does not trademark the term Cocoa Touch. It’s still available online.
I grabbed Cocoa Touch Games that same day, May 13. Then on September 3, Apple applied to the USPTO for Cocoa Touch. “Filed with the US Patent Trademark Office on Monday, application 77558260 asserts a “claim of priority” over an earlier application filed March 6 in Trinidad and Tobago under International Classifications 038 and 042, covering “services, scientific, research, design and telecommunications.””
The claim or priority allows them to basically backdate the USPTO filing to March, nullifying my own claim to that namespace.
They use Trinidad, as I point out, because you have to be physically on the island and in the building to either file or research Trinidadian TMs. They keep their veil of secrecy by using legitimate, but obviously morally ambiguous, methods.
I mean I figured this might come about early this year when I got to thinking about it. So my own press starting Monday will only help my brand and stature in the end anyway, and may drive a few more sales my way. Any press is good press.
IC 009 is the one that covers computer games (though I dunno, perhaps some others might be interpreted to). In any case, they have more lawyers. My Nolo book on trademarks recommends doing what you’re doing - avoid the legal fees and use the situation to get some decent press!
Yup. Now I need a decent name and available URL. Sigh.
Looks like this is standard practice by Apple:
Trinidad has a nice trademark business going.
The only publication of a newly-filed trademark is once a week in a local paper, and any opposition has to be filed within three months. And I read that the trademark will expire if not used, but after ten years.
And they didn’t bother to register in Canada!
Name all done. Four URLs registered (one main one, three for redirects). Just the .htaccess work on the CTG site then I’m done. Now to update all the apps. Thanks to everyone (especially Phil) for their help.
Looking forward to seeing the new name! (I like the old one, but at least it’ll be on the Internet Archive) It’s funny that the App Store people didn’t object to the old name when they approved your apps, but it’s a good idea to update anyway just to get that Tested with OS 3.0 label (I’m plowing through all my old, neglected apps just because of that).
Press release all sent. Web stuff all done (hope I haven’t messed up the high score submissions using a .htaccess redirect). Now on to getting all of the apps updated.
For what it’s worth, I prefer the new name.
It has a lot more flavor and fun.
I’m beginning to think so too, and was really surprised when it came up as available during my whois searches. Thanks Aaron.