Intellectual Property Infringement- Takedown on the Apple App Store

Swarnima Singh
Aug 1
3 min read

Apple enforces strict intellectual property rules on the App Store. Applications that infringe on the copyright and trademark content, like names, icons, code, music, or images, without obtaining the necessary rights or licenses, face the risk of being pulled. Removal can even happen with the most unintentional usage. While limited exceptions like “fair use” in the United States or “fair dealing” under Section 52 of the Copyright Act, 1957, exist, Apple is not required to honor them and may still remove apps upon receiving complaints. Developers are strongly advised to obtain explicit permissions. For apps that host user-generated content, Apple mandates moderation tools, user guidelines, and takedown procedures, consistent with the safe harbour protections under the DMCA. In light of the same, the procedure for takedown in such cases is discussed below.

Filing a Claim of Infringement

Rights holders who believe their IP is misused on the App Store can submit a "Claim of Infringement" form through Apple's dedicated online portal. The form requires:

A physical or electronic signature from the rights holder or authorized agent.
Identification of the infringed copyright-protected work or a representative list if multiple works are involved.
Precise details of the infringing material, including URLs or other information to locate it.
Contact information, such as name, email, address, and phone number.
A good-faith statement that the use is unauthorized by the rights holder, their agent, or the law.
A declaration under penalty of perjury confirming the claim's accuracy.

These rules, which align with the DMCA (17 USC 512(c)(3))and the EU's Digital Services Act (Article 16), aim to prevent vague or false claims. Another option is to mail claims to Apple's Copyright Agent at One Apple Park Way, MS:39-1IPL, Cupertino, CA 95014, but this takes longer to process.

App Store Content and Name Dispute Forms

Apple offers special forms to handle specific disputes. One can use the “App Store Content Dispute Form” to address issues with in-app content, which enables the user to experience any feature or activity through the mobile application.

For conflicts regarding app names, Apple provides the “App Name Dispute Form”. Both forms request complainant details, including name, email, and address, and consent to share this information with the developer for transparent resolution. An optional additional contact can also receive status updates.

Apple's Review and Response

When Apple gets an IP complaint, they email the developer and may remove the app during the review. The developer can respond with proof that their use is allowed. Apple also shares the complainant’s contact details so both parties can try resolving the issue directly. If there’s no agreement, Apple tells them to handle it legally. Repeated violations can lead to account suspension or permanent removal. Apple also watches for users who try to avoid takedowns by using new accounts.

Copyright Claims Board (CCB) Opt-Out

Apple does not take part in U.S. Copyright Claims Board (CCB) cases - a low-cost alternative to going to federal court. It prefers to handle copyright disputes in federal court, where stricter rules apply. If someone files a CCB claim against Apple, they must send it by certified mail or deliver it in person, along with all required documents. But once Apple opts out, which it always does, the case is closed, and the person must go to federal court instead.

Apple TLD Policies

Regarding disagreements about the Apple Top-Level Domain, which Apple manages, people have the right to let Apple know about misuse. They can email atld@apple.com or write to Apple's Legal Department informing them about the domain name infringement.

Apple also has rules like Registration and Anti-Abuse to keep its TLD safe. This ensures that only websites owned and operated by Apple can use the '.apple' top-level domain, maintaining brand integrity and preventing misuse by third parties.

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