Trademark and Copyright Protection

1. What can I do if I believe that someone is infringing on my publicity rights or trademark through a Windows Phone application or developer name?

We have a process to review requests from publicity rights, and registered trademark owners that have reason to believe a Windows Phone developer is infringing on their rights. If you would like to inform us of a complaint, please contact us at mktlegal@microsoft.com. We will reply and may ask you for additional information. Please note that only claims from publicity rights or trademark owners and their authorized representatives should be sent to mktlegal@microsoft.com.

2. How can a copyright owner report a claim of copyright infringement occurring within a Windows Phone application?

If a third party is infringing copyrighted material within a Windows Phone application, the copyright owner may file a notice of infringement in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA allows a copyright owner to give notification of alleged copyright infringement to online service providers such as Microsoft. A DMCA notice must contain specific information and statements to be valid under the DMCA.

Copyright owners or their authorized agents may send a written DMCA-compliant notice to Microsoft’s designated DMCA agent. Email dmcaagnt@microsoft.com, or write to K. Carlson, One Microsoft Way, Redmond, WA 98052. Fax: 425-936-7329; telephone 425-703-5529.

3. I created my application to work with a Microsoft product/service. May I use the Microsoft product/service name in the name of my application?

Microsoft strongly prefers that you do not. But if there is a clear business necessity, you may do so if you follow these guidelines:

• The name of your application should not begin with the Microsoft product or service name at issue. For example, “Xbox Points Calculator” should not be used as an application name. “Bob’s Points Calculator for Xbox” is a better name. This makes it clear that the application is not distributed by Microsoft.

• Use language that explains that your application was designed to work in conjunction with a Microsoft product or service. For example, “works with,” “for,” “designed for,” and “optimized for” are all acceptable terms to explain that your product is designed to work in conjunction with a Microsoft product or service. Use of terms such as “certified,” “official,” “authentic,” and “licensed” imply legal affiliation or overt endorsement and thus must not be used absent a formal trademark license agreement with Microsoft. Such agreements are typically not available in this context.

• Use the Microsoft product/service name only in plain text. Do not use any fancy fonts or accompanying graphics.

For more information, see General Microsoft Trademark Guidelines.

4. Is it OK if I use the trademarked name or logo of another company in the title of my application or as part of the content of my application?

You need to consult your own trademark counsel about the use of a trademarked name or logo of another company. However, Microsoft will take applications off its marketplace sites upon proper notice from trademark owners regarding misuse of their trademarks. Accordingly, we strongly urge you to exercise adequate due diligence.

For more information, see U.S. Patent and Trademark Office: Trademark Basics.

5. May I use Microsoft’s graphical trademarks (logos), such as the WINDOWS FLAG logo, in my application?

No. Microsoft allows third parties to use its trademarked logos only via formal license. Such a license is typically not available in this context.

For more information, see U.S.Patent and Trademark Office: Trademark Basics or download U.S. Copyright Office: Copyright Basics.

6. Do I need to use ® or ™ symbols when I refer to a Microsoft trademark in my application? And must I, when using a Microsoft trademark, place a trademark attribution notice in my application, for example, “Microsoft is a registered trademark of the Microsoft Corporation”?

There is no legal requirement that you include these symbols or the attribution notice, but Microsoft would greatly appreciate it if you do.

7. Is it OK if I make a game that is identical to someone else’s game as long as I change the name?

No, not without permission. While copyright does not protect the idea of a game, it does protect original expression in a game, such as original audiovisual elements, graphics, sounds, characters, and so on, and the original selection and arrangement of these elements. A game that is too similar to someone else’s game could subject you to a claim of copyright infringement. Microsoft cannot give advice on this issue, and you may need to consult your own lawyer if you are unsure about whether your game is too similar.

For more information, download U.S. Copyright Office: Copyright Basics.

8. What should I do if I get a notice from Microsoft telling me it has received a complaint that my application infringes a trademark or copyright?

Read the notice from Microsoft carefully, and follow the instructions. The notice from Microsoft may include specific steps you may follow to inform us what you have done to correct the problem, that you disagree with the claimant, and/or that you want to resubmit your application to Marketplace.