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Don't download the Wordle app on iOS. Some prick is just cloning the game and posting it for monetary gain. Absolutely disgusting behavior.

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Andy Baio

@waxpancake

Jan 11

This guy shamelessly cloned Wordle (name and all) as an F2P iOS game with in-app purchases and is bragging about how well it's doing and how he'll get away with it because Josh Wardle didn't trademark it. So gross.

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A Trademark doesnt need to be registered to be enforceable. It is easier to enforce when it is, but it is not required. I think it'd be easier in this case, even though it is unregistered because it's a competing product and it's basically a clone.

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So hopefully he gets what's coming to him, but since Wordle is free I'm not sure if the original developer could sue for damages. I'm not a lawyer though, so maybe 🤷‍♂️

slyduda.com (webmentions enabled)

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eh, i don’t believe this to be true. my trademark lawyer explained it to me as such: if the competing member puts in an app for the trademark even before you, the original creator, has done so, then the competitor can get legal priority.

slyduda.com (webmentions enabled)

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of course, i am also not a lawyer and maybe my trademark lawyer was just trying to bait me 🤷‍♂️

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US and Canada have strong unregistered (common law) trademark protections and first use instead of first to file. It varies by country. I think various US states may have different rules but federally it's first use. You would still need to prove it. You gain a lot by filing it.

11:08 PM · Jan 11, 2022Twitter Web App

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slyduda.com (webmentions enabled)

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thank you for the clarification!