My team and I came up with the idea for an iPhone fart application in summer of 2008. We knew it would be a hit. We just needed to develop it.
We took great pride in developing iFart Mobile. It was more than another iPhone application. It was a true entertainment machine with a unique interface. It didn\’t LOOK like an iPhone app.
When we submitted the application to Apple, it was put \”in review\”. We were surprised because we had heard that Apple had rejected similar apps in the past.
So the app sat in review for several months.
On December 12th, I received notification that iFart Mobile had gone live in the app store. I believe there were two or three other apps that went live that day.
I immediately went into marketing mode, sending emails, making phone calls and writing press releases.
TechCrunch did an article that day, focusing on iFart Mobile and another fart app called Pull My Finger.
I\’ve got nothing against the people who make Pull My Finger. In my opinion, their app was inferior to ours. My team and I strongly believed that when people were given a choice between the two, iFart would be the clear winner.
We were right. People LOVE iFart! We\’ve been written about in dozens of publications all over the world, and my blog entries detailing our rank-to-sales numbers are now legendary in the iPhone development and tech community.
Pull My Finger debuted high on the iTunes charts, but fell very quickly as word of iFart Mobile spread. Combined with my direct marketing campaign to editors all over the web, iFart became a cultural phenomenon while the other app drifted into obscurity.
As a very small part of my marketing I uploaded a video to YouTube called \”iFart Mobile – Pull My Finger\” intending to leverage the term commonly used to set off flatulence. I never imagined a common phrase like that would qualify for Federal trademark status, and I don\’t believe it does.
However, Air-O-Matic, the people that developed Pull My Finger, beg to differ. Since we did our first press release and linked the common phrase \”pull my finger\” to our app, they have been contacting us and asking us to stop.
As a matter of good will, I changed the press release the very same day they contacted me.
I have also changed the name of the video to show that there are no hard feelings. (That video only received something like 15,000 views. Not enough to make a dent, anyhow…)
In my app description on iTunes, I have testimonials. One of them is direct from my site, WorldVillage.com, in which I give the opinion, \”Way better than Pull My Finger!\” Of course, I have the right to state my opinion, especially one I believe to be true!
I also used Twitter to search for people who were discussing any of the competing fart apps and engaged in conversation with them. Air-O-Matic didn\’t like that. Perhaps they believe they own Twitter and the people using it?
Air-O-Matic contacted Apple insisting that they remove our app from the app store, claiming \”unfair business practices.\”
Apple told them that they would not remove the app and that we should work it out between our companies.
No problem. When we asked their counsel why they didn\’t just come to us in the first place, we were told something to the effect of \”we didn\’t think you would be open to discussion.\”
That\’s pretty amazing, especially considering that we were EXTREMELY responsive to their previous complaint regarding the press release.
I would be happy to engage in a discussion with Air-O-Matic. My attorney sent my contact information to Air-O-Matic\’s counsel with the invitation to make contact.
Air-O-Matic rejected my offer, and instead, sent me a letter stating that I should pay them $50,000 for alleged damages that I had done to them and their product.
Now I have a few options…
1) Do nothing. I\’m not a \”do nothing\” kind of person.
2) Reply with \”I don\’t think so\” and let them file a suit in Florida.
3) Be proactive and ask a Federal judge in Colorado to rule that \”pull my finger\” is a common phrase that cannot have claim of trademark.
I have opted for option #3. Air-O-Matic, Inc. is being served with a Complaint for Declaratory Judgment today.
I was willing to negotiate with them, but I will not be harrassed into paying them money just because our application was more popular and sold more units than theirs.
By rejecting my offer to discuss with them, we have incurred a loss of precious time and resources, not to mention legal fees. I intend to receive recompense.
The court filings are all public record, so you can download them here.
So what would you have done? I\’m eager to hear your opinion!