united-states trademark fair-use common-law
Does Google have a right to block our app for trademark use?
<p>In a recent app store update, we've included in our description the names of several brands that we support through functionality in our app. Some if not all of these names are trademarked in the United States, where our company operates.</p>
<p>Google is blocking us from using the names of these brands in our app description on the grounds of trademark violation and a less clear &quot;violation of Policy Coverage&quot; which says that use of popular brands is &quot;considered&quot; when developing a risk profile for a particular app or category of apps.</p>
<p>In the US, there is a concept of &quot;nominative fair use&quot;, a legal doctrine which I understand supports the notion of using trademarks to refer to things which otherwise would be impossible to refer to without their trademark name.</p>
<p>We've explained our reasoning in an appeals process but Google isn't budging. Given that Google is running a duopolistic walled garden marketplace, it seems unreasonable that they would not follow US legal precedent. It's not like we can simply walk away from Google Play, as it's virtually the only way to have users install our app.</p>
<p>By contrast, Apple has no such reservations about trademark use in the same manner on their App Store.</p>
<p>Is there anything we can do? Google allows us to submit paperwork which supports our use of trademarks with permission from the trademark holders. In our case this would be exceptionally arduous. Is there perhaps any other proof of rights we could provide which upholds the legality of our trademark usage?</p>

<p>It's Google's system. You have no &quot;rights&quot; other than those they grant you by contract. You are free to move to another platform if you can find one you prefer. You can ask Google how you can satisfy their policy. That's it.</p>

<h2>Breach of Contract</h2>
<p>If Google is not complying with the contract they entered with you, then you have grounds for a suit for breach of contract.</p>
<p>On the face of it, Google seems to be complying with the terms and those terms appear to offer procedural fairness. Unless you can prove that you were not given due process within the contract, you don’t have a case.</p>
<h2>Abuse of market power</h2>
<p>It’s <em>possible</em> that Google is abusing its market power in denying your app. Regulators in the USA, India, Australia, and Europe are currently thinking that way and some have launched legal action.</p>
<p>If you are willing to spend a lot of money on top flight lawyers, yours could be the test case.</p>
