Ref. № 183/1-4 d/d November 08, 2017 about appeals from members of UIA and other members of the ICT market of Ukraine, which indicate that their legitimate interests may be violated by a software developers, who place counterfeit products on Google Play

08.11.2017
Вихідні реквізити: 
Ref. № 183/1-4 d/d November 08, 2017
Відправник: 
ІнАУ, Інтернет Асоціація України
Отримувач: 
Google LLC

Head of Google LLC (Ukraine)

Dmytro Sholomko

04070, Kyiv, 25-B P. Sahaydachnoho street

 

Google Inc.

1600 Amphitheatre Parkway Mountain View, CA 94043, USA

 

Google Ireland Limited, a company incorporated in Ireland with principal place

of business at Gordon House, Barrow Street, Dublin 4, Ireland;

 

Google Commerce Limited, a company incorporated in Ireland with principal place

of business at Gordon House, Barrow Street, Dublin 4, Ireland;

Ref. № 183/1-4

d/d November 08, 2017

 

Ukrainian Internet Association (hereinafter referred to as UIA), which includes over 190 companies in the field of information and telecommunication technologies in Ukraine, presents compliments to you and addresses the following.

Under the Charter of UIA, the purpose of the Association's activity is to promote the development of Ukrainian segment of global Internet network and information and telecommunication technologies, to protect interests of participants and promote the creation of an effective competitive environment in their activities.

UIA receives appeals from members of UIA and other members of the ICT market of Ukraine, which indicate that their legitimate interests may be violated by a number of software developers, who place counterfeit products on Google Play mobile apps online store due to lack of efficiency of Google mechanism for handling complaints about copyright infringement by software developers.

Appeals raise the issue of the lack of clear and available criteria that guide Google in considering copyright-holders' complaints against applications in Google Play online store that contain counterfeit signs, the problem of excessive delays in the procedure for response to the redress of infringed rights and unequal response to identical cases of placing counterfeit products.

In particular, this applies to the following.

1. Freemail application (https://play.google.com/store/apps/details?id=com.freemail.client), which is available for distribution in Ukraine, uses the trademark of the popular e-mail service in Ukraine named Freemail, which is registered in Ukraine. The developer of Freemail application is a person registered in Google Play Console service under David Brabus account (brabus.pilsner@gmail.com).  Among other things, the address “Glagolevskaya street” non-existing in Kyiv testifies to the fictitiousness of this person.

In addition to the counterfeit trade mark, Freemail application uses attributes, common style of the design, color composition, elements of signs and symbols of the Ukrainian Freemail e-mail service, which position this application as the official application of the Ukrainian Freemail e-mail service. Thus, the average user is misguided, which not only leads to commercial losses of UkrNet LLC, as the owner of the Ukrainian Freemail e-mail service, but also to the possible disclosure of confidential personal information of Freemail users: login and password for access to the e-mail.

The appeal of UkrNet LLC to Google Play online store through the official service of content removal by Google resulted in temporary removal of Freemail application, which appeared in a slightly modified form a few days later.

Please note that there is a direct violation of paragraph 4.3 of Google Play Developer Distribution Agreement (https://play.google.com/about/developer-distribution-agreement.html) by the user of Google Play Console service registered under David Brabus account, and, according to the paragraph 7.2 of this Agreement, it is subject to removal. Unfortunately, as of 08.11.2017 this did not happen.

2. Bg.sinoptik (https://play.google.com/store/apps/details?id=bg.sinoptik&hl=uk), Sinoptika (https://play.google.com/store/apps/details?id=appinventor.ai_ehka.SinoptikUKR&hl=ru) applications, which are available for distribution in Ukraine, use the trademark “Sinoptik” registered in Ukraine as well as through WIPO that belongs to one of the largest national weather forecast services Sinoptik (https://sinoptik.ua).

The use of these applications by anonyms misleads the average user as to who provides services using these applications.

The appeal to Google Play online store through the official service of content removal by Google did not result in the removal of the specified applications.

3. «Новини ukr.net» (Novyny ukr.net , https://play.google.com/store/apps/details?id=com.odanyliuk.news&hl=uk), «Яндекс.Киноафиша» (Yandex.Kinoafisha, https://play.google.com/store/apps/details?id=ru.yandex.afisha&hl=ru) and «КИНОАФИША» (KINOAFISHA, https://play.google.com/store/apps/details?id=com.traffic.kinoafisha&hl=ru) applications, which are available for distribution in Ukraine, used ukr.net and kinoafisha trademarks that are registered in Ukraine. The use of these applications by anonyms misleads the average user as to who provides services using these applications.

 

In view of the above, we hereby ask you about the following:

1. To provide information about established policies, procedures and other documents that are used to deal with complaints about violations of the law by mobile apps hosted in Google Play mobile apps online store, including complaints about the illegal use of trade name and marks for goods and services (trademarks).

2. To promote the fastest removal of Freemail, bg.sinoptik, Sinoptika, «Новини ukr.net», «Яндекс.Киноафиша» and «КИНОАФИША» applications from Google Play online store.

3. To promote termination of Google Play Developer Distribution Agreement concluded with the developers of Freemail, bg.sinoptik, Sinoptika, «Новини ukr.net», «Яндекс.Киноафиша» and «КИНОАФИША» applications in accordance with para. 10.3 (A) of this Agreement (violation of para. 7.2 (a) of the Agreement by registered developers, namely copyright infringement or violation of any other rights of any third party).

4. To promote further improvement of relations in the field of economic competition on the Ukrainian ICT market in accordance with Ukrainian and international legislation on the protection of economic competition.

 

Respectfully,

 

Chairman of the Management Board

of Ukrainian Internet Association                                                                                      О. Fedienko