It’s been a strange week for third party app developer Nemory Studios. On Monday, a research report came out claiming some of Nemory’s apps were storing user information that they shouldn’t be and were generally a security risk for anyone using them. Later that morning, Nemory responded via his blog, and tried to clear some of the issues in question.
This morning, one of his apps that’s still in beta, Insta10, was rebranded to an unpronounceable Inst4gran. We’re assuming Instagram may have been giving him some heat over the “Insta” part of the name.
This afternoon, troubles for the developer have apparently continued, this time from Snapchat. According to RapidMobile, Nemory Studios has been hit with a copyright violation notice based on the name of his Snapchat client, Snap10, and its look.
“Dear Oliver Martinez,
We serve as intellectual property counsel to Snapchat, Inc. (“Snapchat”) and are writing you on Snapchat’s behalf regarding a Blackberry World app you have advertised and distributed. Among other things, Snapchat publishes and distributes the photo messaging app called “Snapchat.” The “Snapchat” app is widely used on various platforms, and is available to users through such portals as Apple’s App Store andGoogle’s Play marketplace.
Through its marketing efforts and commercial success, among other ways, Snapchathas developed valuable trademark rights in the SNAPCHAT and Ghost Logo trademarks (collectively the “Snapchat Marks”), which are immediately identified by consumers with Snapchat’s reputation for quality.
Snapchat owns numerous United States federal trademark registrations and pending applications for the Snapchat Marks, including without limitation Trademark Registration Nos. 4,375,712 and 4,573,338 and Trademark Application Serial Nos. 86/335,306 and 86/335,307.
Based on the foregoing rights, it is a violation of federal and state law for others to advertise, utilize, offer for sale, and/or engage in services in connection with theSnapchat Marks without the express written permission of Snapchat.
Nonetheless, it has come to our attention that you have advertised and distributed a mobile application called “Snap10 – Send Snaps,” which is offered and promoted through the Blackberry World Store and is accessible via the following link:http://appworld.blackberry.com/webst…countrycode=US.
The app is described allowing users to share pictures and videos with friends and “post snaps on your story,” and duplicates the famous Snapchat app. The app contains the word “Snap” in the title and the app badge contains an image of a ghost, which is clearly meant to call Snapchat and its Ghost Logo to mind. In addition, the app copies the overall layout and color scheme of the distinctive Snapchat app.”
Don’t be surprised if you see Snap10 either pulled from BlackBerry World, and/or rebranded as well to comply with Snapchat’s legal notice.
The annoying, and nonsensical part of this legal notice from Snapchat is that they don’t have any intention of making or porting their app to BlackBerry 10, yet insist – like Instagram – on bothering people that do want to make their services available to BlackBerry users. Of course, intellectual property and copyrights should be followed, but Snapchat should just remove that stick it has up its ass, and support BlackBerry 10 officially. It wouldn’t be that difficult, and you could avoid all these “headaches” that they apparently have with third party developers.
We’re reached out to Nemory and will update with any comment he may have.