HACKER Q&A
📣 bizgrayson

OK to restart an app abandoned by it's founders?


An app I thought was a great idea shut down more than 3 years ago.

I recently had the idea to bring it back, and found the domain was available, so I bought it.

I also found the trademark marked ABANDONED/DEAD.

The company raised a small round of funding, and was popular for about a year in certain Twitter circles.

It likely has some brand recognition among those in the startup crowd.

I've tried to reach the founders and others on the original team multiple times via multiple methods, to no response.

I'd prefer to get their consent - but interested to hear whether you think it'd be OK to just go ahead and reopen the site?

  👤 duxup Accepted Answer ✓
I think this is lawyer consultation time.

My biggest concern would be that if it has brand recognition there is value there and if there is value ... it is likely that someone might feel they still own it, and maybe only after you get some success.

I like the idea of asking but asking the right person might be more of a confusing thing depending on whomever was involved in the past endeavor. Someone might ok it... but are they the right someone?

👤 Someone
Talk to a lawyer. Trademarks do not have to be registered, at least not in the USA.

https://en.wikipedia.org/wiki/United_States_trademark_law:

”Common law trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Marks registered with the U.S. Patent and Trademark Office are given a higher degree of protection in federal courts than unregistered marks“

👤 keiferski
You’re probably over-valuing the brand recognition from the name. The headache and time wasted dealing with it is likely more than the value gained by using that time to make the product better.
👤 mimixco
Having recently been through an unexpected (and successful) trademark negotiation with a large international computer company, I'd say it's easier to get forgiveness than permission. Even if you get a cease and desist, a lawyer (we use Trademarkia) can negotiate a settlement. We got permission to keep using the mark and we didn't have to pay the other company anything.
👤 sonofgod
Literally from googling, so not legal advice:

https://www.upcounsel.com/abandoned-trademark

A dead trademark is not always available for use or registration by someone else because the original registrant might still be using it, and thus retain common law trademark rights. Search the USPTO website to learn why the trademark was abandoned. You might be able to acquire the trademark depending on the circumstances of its abandonment.

Before using an abandoned trademark, speak to a trademark and branding attorney and find out why the application was abandoned.

You must clear the rights before using the mark.

If the mark has been abandoned for three to five years, most likely you're safe. But beware that a non-active mark in the USPTO database could still be in use by the original owner. Even if you prove that the original owner has no intention of using it again, you still risk legal problems.

Make sure to also check all countries where the mark was used.

👤 gus_massa
Why don't you use another name to avoid confusion?
👤 ycombi3
My take on it would be it's definitely OK to revive if it's going to be FOSS. Just like how VC replaced TC, even though the developers didn't intend for that to happen.

This is from a moral, not a legal perspective.

👤 icedchai
All this aside, maybe it's not a good idea after all. What makes you think your version is going to work any better than the original?
👤 1337shadow
I would reach them to offer my time and propose to partner, even if I could deal with the tech part of the project on my own.
👤 Nextgrid
If the trademark is abandoned it seems like there will be nothing legally stopping you from doing it.