In The Blink Of An Eye: How Online Trademark Registration Can Pull The Rug From Under Your Feet
Two companies, Kelly Services, Inc. (hereinafter referred to as “Kelly”) and Creative Harbor LLC, created employment-related apps that are not entirely similar, but would operate in the same general market. Unfortunately, both companies titled their respective apps as “WorkWire.” Kelly, who had not filed “WorkWire” for trademark protection, tried to submit WorkWire to the Apple App Store, failed, tried again, and succeeded. Two hours before the App Store released WorkWire for public purchase, however, Creative…