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Russian developer of the iOS app is suing Apple to prevent a trademark dispute, stating that the technology giant would be liable for damages if its name is withdrawn from the App Store.
Smart Space described in detail the hardships in a lawsuit for a declaratory verdict filed with the U.S. District Court for the Northern District of California on Friday.
According to the submission, Apple informed Smart Space in September that an outside company called Samocat Sharing System (SSS) had filed a trademark complaint regarding the Samokat food and goods delivery application. SSS has asked Apple to remove “Samokat” due to claims that the application violates its “Samocat” label and represents a likelihood of confusion.
Smart Space said it had responded to Apple’s request for a “written guarantee” that its application either did not infringe the trademark or that the company was in talks with the SSS to resolve the dispute. Apple warned in the initial correspondence that “Samokat” will be withdrawn from traffic if Smart Space does not respond to the accusations.
In a response to Apple on Sept. 23, the app developer offered assurances that the title did not violate the SSS mark and suggested that the complaint be filed with Apple to gain strength in already-initiated trademark negotiations.
Today’s lawsuit insinuates that Apple is delaying the decision. The developer sent multiple emails to the iPhone maker only to receive what appeared to be ready responses asking for updates on the unresolved issue. On October 11, Apple sent an email to both parties acknowledging receipt of their submissions and requesting to be notified of “any developments regarding the ongoing litigation.”
Apparently dissatisfied with Apple’s resolution of the situation, Smart Space is seeking a court order to prevent the removal of its app from the App Store. If such action were taken, Smart Space claims, Apple would act “unfairly and in bad faith” by intervening in the dispute over the Russian brand.
Other claims state that the removal would constitute an unlawful disruption to Smart Space’s existing and future economic relations. Before the COVID-19 pandemic, about 188,000 people used “Samokat” in Russia, but the application experienced meteoric growth as a result of the outbreak and now serves more than 3.2 million users.
If “Scooter” is removed from the App Store, Smart Space says it will suffer damage well above the legal $ 75,000 needed to satisfy the appropriate jurisdiction.
In its lawsuit, Smart Space is seeking a declaration forbidding Apple from removing “Samokat” on the basis of a dispute over SSS trademarks, compensation in excess of $ 75,000 and court fees.
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