"bbefilms" wrote:
Points well taken, but looking around - there are examples of other developers (for example, Axuretrainer.net), using a domain relating to a specific brand. Like many independent developers, I don't have the resources to get a lawyer involved, otherwise I'd argue that Roku's action is questionable. I've already expended more time and concern that I should have on this subject.
Then you might easily be bullied into abandoning the domain - including by non-RokuCo entity. My suggestion is not to act rash in any direction. Somebody contacted you - you replied to them, you made best effort - the onus is on them to reply and prove they are the trademark holder, otherwise they are just trolling.
From my observations, RokuCo is not
overzealous in legally enforcing their mark. Take for example these apps:
I remember sometime in 2012 RokuCo was contacting developers about not using "Roku *" names. That's when the Android classic (since 2009!) "
Roku Remote" by Jigawatt Labs had to change its name to Remote for Roku. So i gather the nice guys changed their name when asked, when others ignored the emails and RokuCo did not badger them further (e.g. through motion to Apple or Google app stores). Now that does not mean RokuCo's rights have been waived - they can choose at any one time to take action against infringing but it does not have to be a lawsuit.
If you have agreed to a Roku Developer Agreement, check what it says - there might be wording to the extent of "at any one point of time, with no reason or explanation, company may terminate this agreement and yank your apps from Roku store". Also, the "Roku Trademark Guidelines" at the link posted by @destruk seem to apply if you are party to said agreement. So no need being a jerk and say "so sue me" to RokuCo either.
If this ever goes to court (which it won't, see above), RokuCo will have to prove that the name you use is causing confusion and is detrimental to their business. You on the other hand will have to show why you are entitled to "Roku Developer", for example are you known in the trade as "
the Roku developer"? But if somebody is entitled to be called "
the Roku Developer" (as in "the Roku One"), it's other names (Anthony Wood, TheEndless, NowhereMan, Chris Hoffman... etc... i don't know, the author of InstantRokuChannel.com maybe...) that come to my mind before you.
PS.
https://www.markmonitor.com/cgi-bin/aff ... m-roku.com - mm-roku.com has been registered Oct 2014 and Mark Monitor seems to be a "troll-for-pay" company that would have bots automatically scour the Internet and shake low-hanging fruit. No wonder if they are even less responsive than Roku email.
