August 30, 2016 at 09:30Case: how we returned our good name from Apple
Many people know that the iTunes Store is an Apple online store from where users download applications. However, not everyone knows that once having indicated the name of their organization, the development company cannot independently change it in iTunes. From the word “in general”. How did we solve the problem?
This was critical for us, because at that time we were launching the latest version of the Smarty CRM service. The option “Oblachnye Tekhnologii OOO” did not suit the international market at all (the application is used in 176 countries). Therefore, for the sake of the brand, we decided to go far.
Complexity is added by the fact that when the company name is specified for the first time, no documents are required for this. But if you need to update the name, you need terabytes of patience, an English-speaking employee and a lot of documents confirming that you are you.
The name change took a month and a half. How did we go this way?
To begin with, we sent a letter to itunesconnect@apple.com, as well as through the form on the website where they clearly stated the request: rename “Oblachnye Tekhnologii OOO” to “Clouds Technologies LLC”, as this corresponds to legally binding company documents. In addition, the new version sounds better.
That very day the answer came. The request was accepted for consideration, reporting the case number. It is better to write it down, as it simplifies communication in the future. And it is better to always have access to the iTunes account, from there they often request information in such cases.
Then we called Apple support for developers and reported the case number. The list of phones is here.. Please note that you will not be advised in Russian, communicate in a foreign language. We talked to several offices, but settled on German.
He was chosen because we and they could communicate in both German and English. This was a great relief, as managers from other offices speak with great emphasis. In total, 5-6 Apple managers who replaced each other spoke with us. Only one remained at the final stage.
After several sessions, it turned out that they expect from us:
- Extract from the register (the original and translation);
- an application from our employee who acts as a Team Agent of an iTunes account
- answers to 9 questions.
The questions are as follows:
Support also offered to create a new account and make a transfer . But there is a requirement that "the application should not have current (or completed) offers of subscriptions for in-app purchases: automatically renewable, free or non-renewable."
We have 3 business tariffs inside and subscribers to them, what to do with them then? Therefore, they rejected this option.
We sent everything we needed, after which we were simply refused. Rationale: Clouds Technologies LLC is a translation from Russian of the name of our company (LLC “Cloud Technologies”). The argument seemed strange to us, since there is nothing illegal in the correct translation of the name of the company.
Moreover, court documents were requested from us, which would confirm that “LLC” is “LLC”, which surprised us even more.
What counter arguments did we bring?
We also asked on what legal basis they refuse to rename us. This was necessary to make sure that Apple’s position was right. If the position was legally unjustified, we were ready to file a lawsuit, which we spoke directly about.
There was an 8-day silence, and on June 22 the answer came. It was reported that an exception was made for our sake and the name “Oblachnye Tekhnologii OOO” was changed to “Clouds Technologies LLC”. No additional documents were required, we breathed a sigh of relief.
Have you had similar problems with iTunes or with other markets, how did you deal with them?
This was critical for us, because at that time we were launching the latest version of the Smarty CRM service. The option “Oblachnye Tekhnologii OOO” did not suit the international market at all (the application is used in 176 countries). Therefore, for the sake of the brand, we decided to go far.
Complexity is added by the fact that when the company name is specified for the first time, no documents are required for this. But if you need to update the name, you need terabytes of patience, an English-speaking employee and a lot of documents confirming that you are you.
The name change took a month and a half. How did we go this way?
To begin with, we sent a letter to itunesconnect@apple.com, as well as through the form on the website where they clearly stated the request: rename “Oblachnye Tekhnologii OOO” to “Clouds Technologies LLC”, as this corresponds to legally binding company documents. In addition, the new version sounds better.
That very day the answer came. The request was accepted for consideration, reporting the case number. It is better to write it down, as it simplifies communication in the future. And it is better to always have access to the iTunes account, from there they often request information in such cases.
Then we called Apple support for developers and reported the case number. The list of phones is here.. Please note that you will not be advised in Russian, communicate in a foreign language. We talked to several offices, but settled on German.
He was chosen because we and they could communicate in both German and English. This was a great relief, as managers from other offices speak with great emphasis. In total, 5-6 Apple managers who replaced each other spoke with us. Only one remained at the final stage.
After several sessions, it turned out that they expect from us:
- Extract from the register (the original and translation);
- an application from our employee who acts as a Team Agent of an iTunes account
- answers to 9 questions.
The questions are as follows:
1) The previous name of your company: Oblachnye Tekhnologii OOO
- Previous name of your company: Oblachnye Tekhnologii OOO
2) The new name of your company: Clouds Technologies LLC
- New name of your company: Clouds Technologies LLC
3) Does your current membership have any apps on the App Store or in the review process?
- Do you have applications on the App Store that are already there or which are in the process of verification?
4) Has the new company bought or acquired only the apps from the original company?
- Did the new company buy or acquire only the applications of the original company?
5) Has the original company been dissolved, or is the original company still in business?
- Was the original company liquidated or is it still in business?
6) Has the new company bought or acquired the original company as a whole business?
- Did the new company buy or acquire the entire source company?
7) Has the original company only undergone a name change, or has the legal entity also changed?
- Did the original company only change its name or did its legal status (form of ownership) also change?
8) Has the company undergone an address change? If so, please provide your new address
- Has the company changed address? If yes, please provide a new one.
9) Does your company have a new Company Tax Registration Number? If so, please provide your new address
- Has your company got a new tax registration number (TIN)? If yes, provide a new one.
Support also offered to create a new account and make a transfer . But there is a requirement that "the application should not have current (or completed) offers of subscriptions for in-app purchases: automatically renewable, free or non-renewable."
We have 3 business tariffs inside and subscribers to them, what to do with them then? Therefore, they rejected this option.
We sent everything we needed, after which we were simply refused. Rationale: Clouds Technologies LLC is a translation from Russian of the name of our company (LLC “Cloud Technologies”). The argument seemed strange to us, since there is nothing illegal in the correct translation of the name of the company.
Moreover, court documents were requested from us, which would confirm that “LLC” is “LLC”, which surprised us even more.
What counter arguments did we bring?
- The transliteration of the name should not be left. It’s the same as calling William Shakespeare William Shakespeare.
- In all official documents both “Cloud Technologies” LLC and “Clouds Technologies LLC” (charter, register, bank details) appear.
- For other companies on iTunes, the actual form of ownership does not coincide with that specified in iTunes (ZAO instead of LLC). They gave examples. It coincides with us.
- The ownership form of Yandex is also LLC and translates as LLC. Provided a link.
- Why should we go to court: so that the judge confirms that “LLC” is “LLC”? Do they understand that this is absurd?
We also asked on what legal basis they refuse to rename us. This was necessary to make sure that Apple’s position was right. If the position was legally unjustified, we were ready to file a lawsuit, which we spoke directly about.
There was an 8-day silence, and on June 22 the answer came. It was reported that an exception was made for our sake and the name “Oblachnye Tekhnologii OOO” was changed to “Clouds Technologies LLC”. No additional documents were required, we breathed a sigh of relief.
Have you had similar problems with iTunes or with other markets, how did you deal with them?