Trademark Complaint to Google

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Google Form:  Trademark Complaint

1. Complainant's Information
Name: [redacted]
Your Title: Founder / CEO
Company name: Pocket Pixels Inc.
Address: [redacted]
Country: CA

2. Trademark at issue:
What is the trademark?

The trademark in question is the app name "Color Splash".

In which country/countries is this trademark registered? 

The trademark has not been registered but still enjoys common  
law trademark protection based on use in commerce.
I am the developer of the "Color Splash" app for the iPhone. The app was  
released on Feb 15 2009 and has since then become one of the most popular  
mobile photo editing apps, selling millions of copies.
http://itunes.apple.com/app/color-splash/id304871603?mt=8
See the right sidebar here for proof of the initial release date:
http://appshopper.com/photography/colorsplash

If applicable, please provide the registration number of the trademark at issue:
N/A

3. Allegedly Infringing Material:
Location of infringing material:

The Android app using my app's name is this one:
https://market.android.com/details?id=com.androidoria.colorsplash

It is an exact clone of the functionality of my app and clearly is trying  
to exploit the successful "Color Splash" brand my app has established.
The naming of the app is clearly intended to create customer confusion,  
leading customers to believe that my original "Color Splash" iPhone app had  
been ported to Android. Evidence of this confusion can for example be seen  
here:
http://androidforums.com/android-applications/151487-any-apps-like-colorsplash-photoblur-android.html


4. Legal Affirmations: Please check if you agree with the following statements.
IMPORTANT: Please note that we cannot investigate your complaint if you do not check both boxes.

I have a good faith belief that use of the trademarks described above in the Android Market application described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law:
[checked]
I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner:
[checked]

Signed on this date of: 


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