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ElectroWolff Games
Border Siege 1941 Pathfinder TD Simple Missile Defense

Hasbro Trademark "Risk"

Removal notice from Google

From: <removals@google.com>
To: Brian DeWolff <brian.dewolff@gmail.com> 
December 27, 2013

This is a notification that your application, Drisk (Droid Risk), with package ID com.game.drisk, has been removed from the Google Play Store.

REASON FOR REMOVAL: Alleged trademark infringement.

Google has been notified that aspects of your application, Drisk (Droid Risk), allegedly infringe upon the trademarks of others, and it has been removed from the Google Play Store due to a violation of the Content Policy.

All violations are tracked. Serious or repeated violations of any nature will result in the termination of your developer account, and investigation and possible termination of related Google accounts. If your account is terminated, payments will cease and Google may recover the proceeds of any past sales and the cost of any associated fees (such as chargebacks and payment transaction fees) from you.

You may contact Golenbock Eiseman Assor Bell & Peskoe LLP at creynolds@golenbock.com. If Golenbock Eiseman Assor Bell & Peskoe LLP contacts us specifically authorizing your app to be re-published, and your app does not otherwise violate the Developer Distribution Agreement and Content Policy, we will reinstate the app.

Please note that we have included a text copy of the Infringement Notice we received for your reference. If you have any further concerns about this issue, please address them directly to the complainant in the Infringement Notice provided below.

The Google Play Team

Text Copy of Infringement Notice: 

full_name: Carin G. Reynolds 
your_title: Outside Counsel to Hasbro, Inc. 
companyname: Golenbock Eiseman Assor Bell & Peskoe LLP 
address: 437 Madison Avenue 
New York, NY 10022 
country_residence: US 
contact_email_noprefill: creynolds@golenbock.com 
phone: 2129077321 
tm_work: RISK 
tm_location: United States and other countries world-wide. 
tm_number: There is not enough space in this form to provide a list of all 
the world wide registrations. The list below, therefore, is incomplete: 
United States: Reg. Nos. 0685836, 2659230 
Argentina: Reg. No. 1944585 
Australia: Reg. No. A366140 
Bahrain: Reg. No. 41983 
Benelux: Reg. No. 306826 
Bolivia: Reg. No. 82361-A 
Bosnia and Herzegovina: Reg. No. BAZ0711507 
Brazil: Reg. No. 6197930, Application Serial No. 900087390 
Canada: Reg. No. 247036 
Chile: Reg. No. 839617 
China: Reg. No. 5336529 
Colombia: Reg. No. 241087 
Costa Rica: Reg. No. 187012 
Cyprus, Republic of: Reg. No. 55971 
Czech Republic: Reg. No. 192470 
Denmark: Reg. No. VR1989/6775 
Ecuador: Reg. No. I-10971-01 
Egypt Reg. No. 168222 
El Salvador: Reg. No. 110 Book 95 
European Community: Reg. No. 000238675, Application Serial No. 9999731 
France: Reg. No. 1601500 
Guatemala: Reg. No. 154033 
Honduras: Reg. No. 104380 
Hong Kong: Reg. No. B1163/1988 
Indonesia: Reg. No. IDM000189773 
Israel: Reg. No. 67591 
Jamaica: Reg. No. 20967 
Kuwait: Reg. No. 652 
android_app_developer: Brian Wolffe 
android_app_name: Drisk (Droid RISK) 
android_app_url: 
https://play.google.com/store/apps/details?id=com.game.drisk 
android_app_url: 
https://play.google.com/store/apps/details?id=com.game.drisk.free 
tm_sworn_statement1: tm_good_faith 
tm_sworn_statement2: tm_swear 
NoticeToDeveloper: agree1 
signature_date: 12/19/13 
signature: Carin G. Reynolds 
subject_lr_trademark: Your Request to Google 
hidden_product: googleplay 
geolocation: US

Also the free version

From: <removals@google.com>
To: Brian DeWolff <brian.dewolff@gmail.com> 
December 27, 2013

This is a notification that your application, Drisk (Droid Risk) LITE, with package ID com.game.drisk.free, has been removed from the Google Play Store.

REASON FOR REMOVAL: Alleged trademark infringement.

Google has been notified that aspects of your application, Drisk (Droid Risk) LITE, allegedly infringe upon the trademarks of others, and it has been removed from the Google Play Store due to a violation of the Content Policy.

Let's see what Carin has to say

From: Brian DeWolff <brian.dewolff@gmail.com> 
To: Carin Reynolds <creynolds@golenbock.com> 
December 27, 2013

Hi Carin,

I just received notice that you have filed a complaint with Google about my game Drisk (both the paid and free versions). 

What do I need to do to here to get it reinstated? Is it "Drisk" or "(Droid Risk)" which is the problem?

Thank you,
Brian DeWolff

Hey Google, I can't make any changes..?

From: Brian DeWolff <brian.dewolff@gmail.com> 
To: <removals@google.com> 
December 27, 2013

Hi,

I'll contact Carin directly to see if we can resolve this issue. 

I have a question though. In the developer console if I try to view/modify the app it comes up as "SUSPENDED". How am I supposed to satisfy the complainant if I can't make any changes to the app?

Thanks,
Brian

Quick response from Carin, but it's bad news =(

From: Carin Reynolds <creynolds@golenbock.com>
To: Brian DeWolff <brian.dewolff@gmail.com> 
December 30, 2013

Dear Brian,

Yes, it is your use of Hasbro's RISK® trademark that is the issue.  Both "Drisk" and "Droid Risk" are unacceptable.  In addition, the description of your app is false and misleading in that it states that your app is "the classic Risk board game," which is not true, although it may be that your game is similar to Hasbro's classic RISK game.

If you rename your app something that does not include, and/or is not confusingly similar to Hasbro's RISK trademark, and change the app description, then Hasbro would not object to its being re-uploaded.

Carin Reynolds

I still can't change the app listing

From: Brian DeWolff <brian.dewolff@gmail.com> 
To: <removals@google.com> 
December 30, 2013

Hi Removals Team,

I've been in touch with the legal counsel for Hasbro (Carin Reynolds) and have agreed to change the name of the app as well as make a minor adjustment to the description. Now I just need you to remove the suspension so that I can make these changes and upload a new APK file.

Thank you,
Brian DeWolff

Same day, but useless canned response

From: <removals@google.com> 
To: Brian DeWolff <brian.dewolff@gmail.com> 
December 30, 2013

Hello,

Thanks for reaching out to us.

The original complainant (Hasbro) needs to respond to the original trademark notice they sent us to authorize the republishing of your app. If your app does not otherwise violate the Developer Distribution Agreement and Content Policy, we will reinstate the app.

If your account is still in good standing and the nature of your app allows for republishing you may consider releasing a new, non-infringing version of your app to Google Play under a new package name. We are unable to comment further on the specific basis for this removal or provide guidance on bringing future versions of your app into policy compliance. Instead, please reference the REASON FOR REMOVAL in the initial notification email from Google Play.

Please note that additional violations may result in a suspension of your Google Play Developer account.
Regards,
The Google Team

I'll try to be more clear

From: Brian DeWolff <brian.dewolff@gmail.com> 
To: <removals@google.com> 
December 30, 2013

Google Team,

Yes I know the process and I've been in touch with the complainant in regards to what I need to change. I'm willing to make the naming changes required, and once that is complete then I will get final approval for republication sent to you from Hasbro.

However, my app is listed in the developer console as SUSPENDED and am unable to make any changes. When I go to edit the name or upload a new compliant APK I'm just told SUSPENDED and unable to do anything at all. I cannot make the application compliant with the request if I cannot make any changes. 

I'm not asking you to republish it as I'm aware of the procedure, I'm just looking for you to enable editing in the developer console. My suggestion is to reinstate the application, but have it withheld in all market places until you hear from Hasbro.

Thank you,
Brian DeWolff

Already updated on Amazon

From: Brian DeWolff <brian.dewolff@gmail.com> 
To: <removals@google.com> 
December 31, 2013

Google Team,

I've already completed the required changes to the development version of my game, the infringing name has been changed. I've just published the updated version on the Amazon Appstore. 

Please enable editing for com.game.drisk and com.game.drisk.free in my developer console so that I can change the names to comply with the complainant's wishes. Once the changes are made, I'll have approval sent directly to you from the complainant to re-enable my game for distribution.

Thank you,
Brian DeWolff

Maybe a word from Carin will help Google along

From: Brian DeWolff <brian.dewolff@gmail.com> 
To: Carin Reynolds <creynolds@golenbock.com>
January 2, 2014

Hi Carin,

Thanks for the quick response. I've been working with my fans over the last couple days to come up with a new name that does not resemble "Risk" in any way, and have come up with "Border Siege".

You can see the updated app listing on Amazon here:
http://www.amazon.com/ElectroWolff-Border-Siege/dp/B006W1EQ7E

Also note that the description has been changed to compare Border Siege to Risk rather than call it "the classic Risk board game" which I see now could have implied an official release.

If you inform Google that this name is acceptable, then I can make the changes on the Google listing as well. Currently I'm unable to edit, and no one is able to see, the listing on Google. As you can see by the Amazon listing though I'm already prepared for and executing the name change.

Thank you,
Brian

Carin gives the OK

From: Carin Reynolds <creynolds@golenbock.com>
To: <removals@google.com> 
January 3, 2014

Dear Google Team:

We have been in contact with the developer of the DRisk and DRisk Free apps.  He has agreed to change the name to "BATTLE SIEGE" and make other changes to the app description.  Under these circumstances, we have no objection to having the app re-uploaded under the BATTLE SIEGE name.

Please let me know if you have any further questions regarding this matter.

Thank you.

Carin Reynolds

So Google, how about it?

From: Brian DeWolff <brian.dewolff@gmail.com> 
To: <removals@google.com> 
January 3, 2014

Google Team,

You've now been contact by the original complainant (Hasbro via Carin Reynolds) and have been informed that the name change I proposed is acceptable. They have no problem with the applications being reinstated under the new name.

I have already prepared updated media assets as well as an updated APK. You can see these changes in effect on the Amazon Appstore here: 
http://www.amazon.com/ElectroWolff-Border-Siege/dp/B006W1EQ7E

I need you to reinstate the following applications so that I can complete the requested name change:

com.game.drisk
com.game.drisk.free

Thank you,
Brian

And we're back!

From: <removals@google.com> 
To: Brian DeWolff <brian.dewolff@gmail.com> 
January 3, 2014

Hello,

Thanks for reaching out to us.


With regard to the following URLs:

https://play.google.com/store/apps/details?id=com.game.drisk
https://play.google.com/store/apps/details?id=com.game.drisk.free

Pursuant to your request, we have reinstated the apps in question from the jurisdiction(s) in which they were previously suspended. Please note that apps may need to be re-published in order to be visible to users.


Regards,
The Google Team