Is it illegal for me to publish a mobile application that is somewhat a companion for a website that I do not own?

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Is it illegal for me to publish a mobile application that is somewhat a companion for a website that I do not own?

The site owner said that if I did, he would file a DMCA copyright take down and have my application removed from the Google Play Store (Android Market). I wrote the application myself with no aid from anyone. Is permission required? My app stores no user data and would be free. The only problem I see is the use of the name.

Asked on March 20, 2013 under Business Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon that you have written about you could very well be subject to a copyright or trademark or trade name infringement for what you have created. To have a better idea of the matter and possible legal ramifications of you proceed in using the application, I recommend that you consult with a business attorney. You can find on in your locality by looking for such on attorneypages.com.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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