App Store Legal Smackdown: iFart Mobile vs. Pull My Finger

You’ll never guess which two App Store developers have engaged in a legal battle over trademark rights to App Store content. A lawyer representing Pull My Finger developer Air-O-Matic has demanded $50,000 from InfoMedia for using the phrase “pull my finger” in reference to their infamous chart-topping fart machine app, iFart Mobile. InfoMedia, not to be out-stunk, has responded by asking a court to rule in their favor.

As InfoMedia writes in their blog, Air-O-Matic asked Apple to remove iFart Mobile for unfair business practices and trademark infringement for using the term in a promotional YouTube video. When Apple refused to step in and asked the companies to work it out among each other, Air-O-Matic requested they stop using the term. InfoMedia complied and removed it from their videos and press releases, but was still met with a request for $50 grand for their use of the terminology.

Rather than wait for them to act further, InfoMedia filed a complaint with a Federal Court in Colorado “to rule that “pull my finger” is a common phrase that cannot have claim of trademark.”

By the look of things, InfoMedia has already won. During the writing of this article, checking the App Store shows that Air-O-Matic has replaced what was once Pull My Finger with a new app they might have better luck trademarking. Fart Lighter‘s description claims that they were looking to add a “social” aspect to iPhone flatulence. As the name implies, the new app lets you virtually light “farts” (or any noise, really) aflame.

[via cnet]

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