How to Defend Your App Against Copycats on the Apple App Store

1. Identify the Copycat App and Gather Evidence

The first thing we did was meticulously document all the similarities between Bend and the copied app.

Key Actions: Document all similarities between the app and the copycat. This includes detailed evidence such as:

- Video Comparison: Display side-by-side comparisons of both apps showing identical onboarding flows, screen layouts, and functionalities.

- UI Mimicry: Capture screenshots that demonstrate almost identical user interface designs.

- Documentation: Date and version all evidence to showcase the copycat’s state at the time of our claim, ensuring it remains relevant even after app updates.

‍Our Experience: We created several comparative videos that we found particularly compelling. Here are some screenshots illustrating the similarity:

Key Takeaway: Collecting robust, well-documented evidence is crucial for building a strong case. Ensure all comparisons clearly illustrate the imitated elements and are regularly updated.

2. Check Apple App Store Policies on Copyright and Trademark Violations

Key Actions: Within the Apple ecosystem, their guidelines are the definitive rules. Compliance with these guidelines is mandatory, and companies cannot rely on legal strategies to bypass them. Apple’s policies function as the governing framework and adherence is essential for all developers.

Our Experience: When the infringing company asked us to prove our copyright on our app’s design, we strategically refocused the conversation on Apple’s policy, particularly Guideline 4.1 and 5.2

We based our claim on the 4.1 item from the appstore review guidelines:

Guidleine 4.1 — Copycats

(a) Come up with your own ideas. We know you have them, so make yours come to life. Don’t simply copy the latest popular app on the App Store, or make some minor changes to another app’s name or UI and pass it off as your own. In addition to risking an intellectual property infringement claim, it makes the App Store harder to navigate and just isn’t fair to your fellow developers.

(b) Submitting apps which impersonate other apps or services is considered a violation of the Developer Code of Conduct and may result in removal from the Apple Developer Program.

Guideline 5.2 — Intellectual Property: This guideline requires developers to have clear rights to all content within an app, ensuring that no proprietary content is used without authorization.

Key Takeaway: Emphasize Apple’s guidelines as the primary framework for resolving disputes in the App Store. By centering discussions around these rules, you reinforce their authority and ensure that compliance is non-negotiable.

3. File an Official Complaint with Apple and App Store Support

Once evidence is gathered, the next step is to submit a formal complaint via App Store Connect.

Key Actions: To file a complaint, you must submit a formal report through App Store Connect, including all gathered evidence. This involves using the platform to upload relevant screenshots and videos that clearly demonstrate the similarities between your app and the copycat.

How to Do It:

1. Access the Dispute Form: Go to the Apple App Store Dispute Form.

2. Provide Your Contact Information: Enter your name and email address, which will be shared with the provider of the disputed content.

3. Identify the Copycat App: Include a link to the app from the App Store. If you don’t have a direct link, you can search for the app using the search tab provided on the form.

4. Select Issue Type and Territory: Use the drop-down menus to specify the nature of your dispute and the territories where you assert your rights.

5. Detail Your Complaint: In the comments box, provide a comprehensive explanation of the issue, including specific intellectual property claims.

Example: In our case, we documented specific features and design elements that were copied by the infringing app. We included video evidence showing similarities in onboarding sequences and uploaded screenshots that highlighted identical user interface designs through the dispute form.

Key Takeaway: By utilizing Apple’s official dispute form effectively, you can present a well-organized case that aligns with Apple’s requirements, increasing the likelihood of a favorable resolution. Ensure all details are accurate and comprehensive to facilitate a smooth review process.

4. Copyright and Trademark Everything You Can

Key Actions: Protect your brand assets and unique app elements with official copyright and trademark registration.

Example: We worked to copyright Bend’s unique designs, stretching guides, and especially the illustrations, which are core to the app’s identity and branding. By registering trademarks, we also secured protection for Bend’s visual branding and app identity.

Key Takeaway: Registering copyrights and trademarks helps legally enforce your rights and adds a layer of protection to your app’s unique assets, especially visual elements like illustrations central to your app’s brand.

5. Seek an Amicable Solution First, Then Show Legal Strength if Necessary

Attempt an Amicable Resolution

Key Actions: Initially, reach out to the infringing studio directly, presenting your evidence and seeking a peaceful resolution.

Example: We contacted the copycat app’s developers, explaining our concerns and requesting they voluntarily remove or significantly modify their app to avoid confusion with Bend.

Key Takeaway: A diplomatic approach can often lead to a quick and cost-effective resolution, preserving professional relationships within the industry.

Demonstrate Legal Readiness

If an amicable solution isn’t reached, be prepared to show legal strength:

Key Actions:

1. Engage legal counsel to draft formal cease-and-desist letters.

2. Pursue action on two fronts simultaneously: continue discussions with Apple while sending legal notices to the infringing company.

Example: In our case, both Bend’s creators and our publisher exerted legal pressure on the infringing studio. We maintained ongoing communication with Apple regarding our complaint while our lawyers sent formal letters to the copycat app’s developers.

Resolution

The combined pressure of Apple’s investigation and our legal actions led to a favorable outcome. The infringing app was ultimately removed from the App Store, as evidenced by the following notification from Apple:

Moral of the Story: Don’t be intimidated by the other party’s legal tactics. Stick to Apple’s guidelines, present your case clearly, and trust in Apple’s process to make the right decision. Remember, within the App Store ecosystem, Apple’s rules are the ultimate authority.

Key Takeaway: A dual-pronged approach — working within Apple’s framework while also demonstrating legal readiness — can be highly effective in protecting your intellectual property and removing infringing apps from the store.

6. Monitor Regularly for Future Copies

Key Actions: Set up alerts and conduct periodic checks on app stores.

Example: Following this experience, we now actively monitor app stores and use alerts to identify new imitation attempts early, ensuring swift action can be taken.

Key Takeaway: Regularly monitoring for new copycat apps ensures you can act quickly to protect your brand and users from confusion.

7. Check for Ad Copycats

Key Actions: Review digital ad libraries to see if the copycat app has duplicated ad content.

Example: We discovered that the copycat had not only duplicated our app but also replicated our ad content. This prompted us to contact Meta directly to address the issue. By reaching out to Meta, we were able to report the infringement and ensure that our copyrights on the original ad content were enforced, highlighting another instance of infringement. You can file a complaint with Meta using this link: Meta Complaint Form.

Key Takeaway: Checking ad libraries is crucial for identifying additional brand confusion and strengthening our case against the clone, especially if they are using similar ad content across networks. Directly contacting platforms like Meta can be an effective step in protecting intellectual property rights and ensuring that any violations are addressed promptly.

Turning Copycats into a Learning Opportunity

What began as a frustrating challenge with Bend has transformed into a strategic roadmap for app developers facing similar challenges. Our journey proves that with meticulous documentation, understanding platform guidelines, and a systematic approach, you can not only protect your intellectual property but also emerge stronger. By standing firm against imitation, you reinforce the unique value of your app and demonstrate that originality and creativity will always prevail.

Remember: Every copycat attempt is ultimately a backhanded compliment to your groundbreaking work.

Kovalee is an app publisher specialising in scaling consumer apps through innovative marketing and growth strategies.