Mobile Application Development Company

By Audrey White

Daily Texan Staff
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Published: Saturday, February 6, 2010

Updated: Saturday, February 6, 2010

Two conflicting iPhone applications designed to serve UT students and alumni spurred a legal dispute that may lead to the removal of one of the “apps” from the Apple Store.

Computer science junior Michael Miller developed the iTexas app over the course of 2009 and sold it to Mutual Mobile, an Austin company founded by two UT alumni. Mutual Mobile released iTexas on Jan. 5 — the same day UT launched the official University of Texas at Austin app. Wendy Larson, an attorney at Pirkey Barber LLP, filed a complaint with Apple on behalf of the University on Feb. 1 requesting Miller rename iTexas. Larson refused to comment to The Daily Texan.

The inclusion of “Texas” in iTexas violates University trademark rights, which guarantee UT ownership of the brand “Texas” when used in reference to the University.

Craig Westemeier, UT assistant athletics director for trademarks and licensing, said that the name could cause confusion among consumers who think the University produced the iTexas application.

“The app could communicate incorrect information or provide recommendations that do not fall within what the University would [offer],” Westemeier said.

Tarun Nimmagadda, Mutual Mobile’s co-founder, said around 2,000 people have downloaded the iTexas app. About 50,000 people have downloaded the official UT app, said John McCall, the associate vice president of the University Development Office. The applications have very distinct features.

The official UT application is focused on alumni and guest needs, providing resources such as sports news, a guide to campus landmarks and access to President William Powers Jr.’s blog, Tower Talk. Nimmagadda said the iTexas app is more focused on day-to-day student needs such as campus maps, schedules, grade access and meals that the dining halls are serving. Both provide access to the UT directory.

“The iTexas app was built by students for students, and it allows students to access features relevant to their UT activities,” Nimmagadda said.

The University first began looking at applications as a source of trademark violations two months ago and has since investigated five to 10 applications, Westemeier said. He said that the production of such applications has the same function as selling non-licensed T-shirts with the UT brand: decreasing the value of University trademarks.

Another application Miller developed, UT Directory, was removed from the application store at the end of November after a trademark debate regarding the application’s burnt-orange color scheme. Miller said he hopes the legal questions surrounding the iTexas application can be resolved without removing it from the store.

“I started this project because, as a student, I wanted an app that could do things like show my grades,” Miller said. “I think it’s an excellent app, and taking it down would make a worse experience for students.”

Miller’s iTexas app will most likely be temporarily removed from the Apple Store on Saturday, Nimmagadda said. He said nobody from the UT legal department contacted Mutual Mobile directly and that the company does not have the resources to fight a legal battle if the University chooses to prosecute.

“If they had told us to change the name, we would have been open to that,” he said. “They did not contact us. They just got in touch with Apple directly. But they know who we are. We are all UT people, and they have talked to us at different times throughout these processes.”

Westemeier said that it is standard procedure to file complaints directly with Apple because they have an efficient process for responding to and working with both parties, which has worked well in the past. He also said no members of Mutual Mobile had contacted the University’s legal or trademarking departments about the complaint.

Nimagadda said that as they investigate the application further, other issues may arise that force the trademarking and legal departments to fight the application’s return to the store.

“We’ve got to look at the bigger picture as far as what they’re doing, the information they’re using and confusion of the brand,” Westemeier said.

Jack Koenig, a Plan II and electrical engineering freshman, has downloaded both applications for free from the Apple Store. He said he finds them both extremely useful and hopes students will continue to have access to the services both applications offer.

“The University has a valid complaint, but the iTexas app has really cool stuff that the UT app doesn’t,” Koenig said.

Source: dailytexanonline.com