Be aware. Russian "Windy" app uses our name and want you to pay for nothing.
@trevbucky Hello, thank you for your feedback. However the swell, swell height, period or wind is already visible and at one place in the detail of the location. All you need to do is to click on the map, expand detailed forecast and tap on Waves option.
@vsinceac But the "Windy" trademark in the USA is not owned by windy.com, but windy.app. Search "windy" at uspto.gov trademarks. They started to use that name before windy.com so they have the exclusive right to use the name windy for weather apps. They can actually go into legal battle to rename windy.com for the U.S. region. They were apparently using the name windy when windy.com was "windyty". The question is, why windyty was renamed to windy when the name windy was already used by someone else?
@vsinceac So here's the U.S. trademark:
Serial Number 87441313
FIRST USE: 20141220
FIRST USE IN COMMERCE: 20150701
It's owned by the American app (they physically moved from Russia to USA, btw I checked the founder, he lives in LA permanently). I think they are using the name "windy" rightfully.
It's also clearly seen from the old pictures on their facebook page. This is back in 2015. I don't think they were copying/mimicking anyone at that time.
I'm always looking for the truth.
@michal321 The name 'Windy' is not a subject of a trademark in the US. for anyone yet. The trademark application from Windy.app is currently suspended (as shown in the US database). Windy.com was initially using 'Windyty' and 'Windytv' name, afterwards we changed our name to 'Windy'. So it is untrue that we were not the first ones, who used 'Windy' in our name.
@Korina But why the logo is not suspended? It's on the link above, it has a Filing Date: May 8, 2017 and you can see the word "Windy" on the logo at the bottom. It says: "FIRST USE: 20141220". They have provided a specimen:
@michal321 As I mentioned, the trademark application is suspended and it is under investigation, because we were using the word 'Windy' first.
@Korina OK, now I found it was suspended because of filing a wrong specimen.
"REFUSAL(S)/REQUIREMENT(S) CONTINUED AND MAINTAINED: The following refusal(s)/requirement(s) is/are continued and maintained: Mark Differs on Drawing and Specimen; Sections 1 & 45 Refusal—specimen depicts multiple marks. "
But my point is that when we look back in the history, they were definitely using the word windy for their app at times when windy.com was windyty. One thing is all the legal stuff around and the other is who was actually using the name "windy" first. It's seen both from their old USPTO filings (whether correct or not) and the old pictures from their fb page that they had "windy" app back in 2015. I'm not saying that their trademarks are OK, I'm just saying that they can't be mimicking/cloning/copying(whatever) windy.com when they had the same app with the same name a long time ago, and the visualisation was also the same.
This post is deleted!
@Korina Looking at whois history, the domain windy.com was bought from a U.S. company REFLEX PUBLISHING, INC. in 2017, that's at least two years after the other "windy" already used that name in commerce. Looking in the media, windyty was renamed to windy shortly after purchasing the domain windy.com. It also looks like both "windyty" and the Russian (now U.S.) "windy" started approximately at the same time - in the year 2014. But windyty was renamed to windy after purchasing windy.com in 2017. Put chronologically:
- Two apps Windyty and Windy started independently at the same time in 2014.
- Windyty purchased the domain windy.com in 2017 from some third party
- Windyty was renamed to Windy and now we have two Windy's
It doesn't look at all that the other windy app is using the name illegally or in bad faith. I would say from their point of view, someone else is using their name/brand.