LOLer Apps, the company which produced the iphone applications iPopit and iPopit Lite, has been recently contacted by an intellectual property enforcement company to cease and desist all use of the iPopit and iPopit Lite marks. 

In a letter written on behalf of Electronic Arts Inc. ("EA") the marks iPopit and iPopit Lite were too similar to an EA trademarked game called POPPIT. Their concern is that our activities selling iPopit and iPopit Lite may suggest an associate and affiliation with EA sports and cause consumer confusion and dilute the value of EA and POPPIT. 

LOLer Apps respects these claims and has decided to comply with Electronic Arts and their request for ceasing all uses of the marks iPopit and iPopit Lite. Because of this, LOLer Apps will stop selling iPopit and iPopit Lite in the Apple iTunes store, and will also delete any instances of the marks on any other websites.

If you have entered the iPopit Video Contest, we sincerely apologize, but because of this issue we must end the contest without awarding any contest prizes. Per the video contest rules, LOLer Apps is allowed to terminate the contest for such reasons. (Please see http://www.howfastcanyoupopit.com/video-contest/rules.htm, under Non-Waiver for the official language).

Here is a copy of the cease and desist letter that LOLer Apps will be complying with:

Dear Mr. Flynn and Mr. Bui:

I write on behalf of Electronic Arts Inc. (“EA”), the world’s leading interactive entertainment software company.  Among its many products, EA markets and sells worldwide the immensely popular computer game, POPPIT. 

EA owns common law and federal trademark rights for POPPIT in the U.S. and internationally for video games, gaming devices and related services.  As a result of EA’s substantial investment and promotion of EA branded products and services, such as POPPIT, EA has developed valuable consumer recognition and goodwill in the POPPIT trademark throughout the world. 

It has recently come to our attention that you are publishing, marketing and distributing mobile game software bearing the marks “iPopit!” and “iPopit! Lite.”  These activities trade upon the goodwill EA has developed in its POPPIT product and falsely suggests an association and affiliation with our company and products.  Moreover, your adoption and use of “iPopit!” and “iPopit! Lite” with goods and services that are substantially similar to those provided by EA is likely to cause consumer confusion and dilutes the valuable goodwill that EA has each developed in the POPPIT Mark.

Accordingly we demand that you:

(i)                 immediately cease use of the “iPopit!” and “iPopit! Lite”  marks and any marks similar to the POPPIT Mark in connection with game software, or any related or similar goods or services;

(ii)               withdraw from retrievable channels of distribution all products bearing such marks, including from the websites http://howfastcanyoupopit.com, http://lolerapps.com,http://www.lolerapps.com/category/blog/recent-news/ipopit,http://www.flickr.com/photos/lolerapps/3419849795/ and  the App Store operated by Apple Inc.  (see http://itunes.apple.com/WebObjects/MZStore.woa/wa/viewSoftware?id=315681383&mt=8 andhttp://itunes.apple.com/WebObjects/MZStore.woa/wa/viewSoftware?id=313741769&mt=8

(iii)             provide us with adequate written assurances that you will not adopt or use the “iPopit!” and “iPopit! Lite” marks or any other marks that is confusingly similar to the POPPIT Mark in connection with game software or related goods and services. 

This is a very serious matter.  Should you fail to respond to these demands by Thursday, July 24, 2009, we reserve our right to take all appropriate steps against you, up to and including the commencement of formal legal proceedings, without further notice to you. 

This letter is not intended to be a full statement of the facts, and it does not prejudice or waive any claim, whether in law or in equity, that EA may have against you or any other party or with respect to this or any other matter.

Again, we apologize but there is nothing we can do about this or the video contest, and it must be put on hold until further notice. We appreciate each and every video contest submission - but we ask you to please delete them from you tube or any other video websites you may have placed them, as well as any mention of iPopit or iPopit Lite on any related websites or publications. 

Thank you for your understanding in this situation - we are deeply sorry and will keep you up to date on the issue as new information is learned.