Hello, first time poster and want to thank you for your great resource. I've developed software I would like to call MacDiveShop (camel case included, it's a database solution). Would also like the domain name. I've read everything that Apple has to say but still don't understand if I have a chance to be legal. I've seen some pretty big web-presences that use Mac to declare their compatability with the system, and I would never be as big as they are. (macwebsitebuilder.com for one) However I would like to sell the software through the App Store so its not like they aren't going to know I'm around ! It seemed from what I read at Apple that my choice is not 'deceptively similar' or 'apparently affiliated'. Any ideas or should I start shopping another name, like DiveShop4Mac (diveshop4mac.com) ? The reason I ask -- would something like that really be any different ? Guessing if one is bad the other would be as well but I see dozens of apps in the app store that are called : " <my program> for Mac" Thanks a bunch fellas. PS you've got the toughest image verification I've ever seen !
I understand "deceptively similar" to mean that your chosen name only differs from the established brand name by only one or two letters, or that your logo looks almost identical to the original brand. For example, Twitter and Twiter. Your software name definitely isn't deceptively similar. "Apparently affiliated" is vague. Perhaps if you include a prominent disclaimer that your software is not developed by Mac, it would rule out your software from being considered "apparently affiliated". If other small companies in the same predicament as you are using non-affiliation disclaimers, then it probably serves as protection against legal action. I'm not a lawyer though, so it's really just a suggestion. I have to admit that "DiveShop4Mac" seems to convey less affiliation with Mac. "MacDiveShop" resembles "Mac's DiveShop", i.e. the DiveShop belongs to Mac.
I think you would be fine. I know that the App Store affiliate program doesn't like their trademarks or copyrights used in domain names or titles but I think "Mac" is probably fine since it's so commonplace these days...