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nevets88

When a startup and a multinational golf company collide

16 posts in this topic

Ping has an app called PING® (with the registered trademark symbol) on the app store. Not sure if the official name is PING or PING®.

From the article:

IM-style email app Ping is now called Hop after a naming dispute – with a golf club company

Ping, the app that reimagines email as an IM-style activity (read our full review) has today relaunched under the name Hop after receiving a cease-and-desist letter from the maker of Ping golf clubs.

http://thenextweb.com/apps/2013/10/17/im-style-email-app-ping-renamed-hop-naming-dispute-golf-club-company/?awesm=tnw.to_i0jC3&utm;_medium=Spreadus&utm;_campaign=social%20media&utm;_source=Twitter

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I actually remember hearing about the Ping app launching and thinking, "huh. Wonder if Ping golf knows about this."
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I find it bit strange that companies with totally different line of business could own the name totally.

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As an app developer I can understand why Ping would want them to change their name. One of the major contributors to app store rankings is app name.  Ping won't want any competition being at the top of the list when someone searches Ping.

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Can you create RTT measurement app and call it ping? Or create a ping pong app...

ps. I understand Ping's point, anyway.

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I'm thinking of The Hunt for Red October .

One ping only please. Captain? One ping. PING!

When I think ping, the first thing I think of is submarines.

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I certainly understand Ping's position.  To begin with, there is already a computer "app" or perhaps "function" called "ping" that the golf company obviously didn't complain about when it came along (probably with the advent of UNIX and the internet?).  And now Ping does have their own iPing app out there.  As PCaddy says, they don't want their name pushed down the list.  You can pretty much bet nobody's going to get away with naming their application Apple either.

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Ping golf has lawyers and money,  Ping IM app developer likely has neither.

It doesn't cost that much to do a copyright search.  The app developer could have easily done a google search.

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It doesn't cost that much to do a copyright search.  The app developer could have easily done a google search.

I bet the app developer thought they were not infringing upon Ping® because it was involved in a completely different line of business. At the same time, Ping has developed apps and as a result, they will meet in the same line - an app. And so the same name may confuse and mislead the public into thinking Ping is Ping® (Golf)

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I'm not sure you would have needed to copyright search Ping.  It is a huge name.  They were either naive or not too bright.

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I'm not sure you would have needed to copyright search Ping.  It is a huge name.  They were either naive or not too bright.

It is a trademark search.

And you are correct. I must call other small companies all the time to ask them to change their name because it interferes with my client's trademark. I try the phone call, then the soft letter explaining copyrights and why their name interferes with my client's trademark, and if that does not work, they get the nasty "cease and desist" letter.

What happens is that small companies don't like to hire lawyers and think because the State authorized their legal name as a company, that they can use it in the marketplace.

Uh, no.

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It doesn't cost that much to do a copyright search.  The app developer could have easily done a google search.

I was thinking more along the lines of litigation and motions, a company as big as ping cold litterally drain a company dry of $$ if they wanted to fight it. Basically its posturing by the legal team forces the little guy to back down.

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I was thinking more along the lines of litigation and motions, a company as big as ping cold litterally drain a company dry of $$ if they wanted to fight it. Basically its posturing by the legal team forces the little guy to back down.

or just maybe, the big guy is right and The little guy should not be using their trademark

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or just maybe, the big guy is right and The little guy should not be using their trademark

Yep.  Why is the assumption that just because one is big and the other small, that the little guy is right?

A better title for the thread would have been, "What happens when a startup company fails to do their basic due diligence"........

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