“The two people currently selling “Voice Notes†on the store are not me. I’ve sent them both C&D letters (my first ever). My version is still “pendingâ€.
…
It may be generic, but I have prior art plus a year’s headstart on the iPhone. I just want them to rename it, that’s all.”
This surprised me.
Prior art extends to Copyright, not Trademarks.
Considering that Erica’s application is still not released, then it cannot be said that she is using “Voice Notes” as a Trademark (to be a trade mark, you have to be using it to trade, for selling).
Plus she’s just admitted that the name is generic and the name “Voice Notes” has been used umpteen times in the computer software marketplace by 37 Signals, Microsoft, Apple and others.
Erica has no rights here at all. It’ll remain to be seen whether the application vendors on the App Store take up her offer of them renaming it after receiving Cease and Desist letters. In fact, the other two vendors have more entitlement and could well serve C&D letters to her when she does release her application as they have priorly traded using the name.
IANAL, usual caveats apply.