SnapChat serves legal notice on Nemory Studios over Snap 10

Yesterday, an article was published by FileArchiveHaven where Lloyd Summers wrote a fascinating article to share a high-level security analysis of 12 applications on BlackBerry 10 by monitoring their internet traffic and decompiling their BAR files when necessary.

Most of the apps that were highlighted as risks were from Nemory Studios, a third party BlackBerry developer.

I am not commenting at this time on the listed apps risks ( or not ) but the article did highlight a lot of questions regarding BlackBerry security and a whole lot more.

One of the allegations is that apps produced by Nemory Studios uses api’s illegally.

It appears that the article has been brought to the attention of SnapChat, who have now served a legal notice on Nemory Studios, regarding one of the apps highlighted – Snap 10.

Dear Oliver Martinez,

We serve as intellectual property counsel to Snapchat, Inc. (“Snapchat”) and are writing you on Snapchat’s behalf regarding a Blackberry World app you have advertised and distributed.   Among other things, Snapchat publishes and distributes the photo messaging app called “Snapchat.”  The “Snapchat” app is widely used on various platforms, and is available to users through such portals as Apple’s App Store and Google’s Play marketplace.

Through its marketing efforts and commercial success, among other ways, Snapchat has developed valuable trademark rights in the SNAPCHAT and Ghost Logo trademarks (collectively the “Snapchat Marks”), which are immediately identified by consumers with Snapchat’s reputation for quality.

Snapchat owns numerous United States federal trademark registrations and pending applications for the Snapchat Marks, including without limitation Trademark Registration Nos. 4,375,712 and 4,573,338 and Trademark Application Serial Nos. 86/335,306 and 86/335,307.

Based on the foregoing rights, it is a violation of federal and state law for others to advertise, utilize, offer for sale, and/or engage in services in connection with the Snapchat Marks without the express written permission of Snapchat.

Nonetheless, it has come to our attention that you have advertised and distributed a mobile application called “Snap10 – Send Snaps,” which is offered and promoted through the Blackberry World Store and is accessible via the following link:

The app is described allowing users to share pictures and videos with friends and “post snaps on your story,” and duplicates the famous Snapchat app.  The app contains the word “Snap” in the title and the app badge contains an image of a ghost, which is clearly meant to call Snapchat and its Ghost Logo to mind.  In addition, the app copies the overall layout and color scheme of the distinctive Snapchat app.

I would not be suprised if this is fiasco has not been brought to the attention of Instagram as well and it shall be interesting to see how BlackBerry react.

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