App got suspended from Google Play without valid legal reasons (DMCA related)

I would say: file a claim with the FTC against Google, Instagram and the “complainant” for anti-competitive behaviour, and when those 3 come begging to dismiss it say they need to take it up with the FTC as it’s now in their court (similar to how Google is passing the buck to deal with the “complainant” directly to get Google to restore the app).

An app name like "[thing] for [popular service]" will most probably receive a complaint, usually not from the popular service itself but from other external company whose whole job is to search for popular apps with this pattern and if they succeed they can later ask the real company for compensation, which wasn't aware at all until then. The real issue is that having such a name is a real boost in downloads.

This is why a lot of apps have migrated to a "for IG", "for G", "for WA" in the name, which have less boost but still in the grey area.

I guess your can make a profit by creating a new account, create a useless app with ads, publish with one of these names, wait until it is rejected, then claim the revenue.

I'm a simple man. I see problems with Google/Stripe/whatever that can't be solved thru normal channels, I upvote.

Build a Progressive Web App and put it on Google Play Store (https://developers.google.com/codelabs/pwa-in-play#0). In case of suspension you'll at least will have a working fallback for your current customers.

And don't forget, if you are a business in EU, you can ask for mediation: https://support.google.com/merchants/answer/9969397?hl=en

I think the Reddit thread sums it up--this isn't about Google, it's about the scumbags filing a false complaint against the app.

> without valid legal reasons

As if they needed one. They can do it with no reason at all. That's the nature of walled gardens.

One thing that can help on these situations is to use the fact that these external companies (the one making the claim) have little to no interest in any conversation (even though in this case it appears they did reply, but with a generic template email). You can send them an email saying that you made X change and giving them 7 days to review it, and then adding that "if they don't reply you will consider it solved". They will probably never reply (if they do you can try again or go to other methods) and so you now have the "ok" (by default) which you can send google, and since you have something to show (remember to send a copy of every email) they will probably revert it. After all you made a change, talked to the offending company, and didn't get a rejection. This is enough for google.

Latest chapter in the “Google Sucks” saga. They only way to win their game is not to play.

Is there any reason that needs to be more legally valid than "Google suspended it?"

It's their store and their rules; there's no contract law overriding that basic premise that I'm aware of. "We let ourselves be lied to and are disinclined to correct our error" is exactly as valid a legal reason as others because Google is the sole arbiter of the enforcement of their own store TOS.

Perhaps this should be changed, but there isn't really much legal groundwork on what that change would look like.

If they are so convinced the claim is invalid and the claimant used the DMCA process, all this company has to do is file a counter notice and Google is obliged to restore the app, unless the claimant actually files suit within 14 days.

Dunno, the branding does seem a little too close to Instagram... Literally using their colours in a similar gradient, using their name in your app name, etc...

Seems like a straightforward trademark dispute.

FTA: Google Play team has responded to my appeal saying that they will not be reinstating the app and that I should address the complainant directly and resolve it with them, the complainant should allow Google Play team to reinstantiate the app.

I know it sucks, but I understand that decision completely. The DMCA was specifically created to safeguard web sites against copyright claims against content posted by users. If Google ignores a DMCA takedown, they become a party in a copyright infringement claim that’s, so far, is purely a case between Instagram (via the company they hired) and you.

https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_A...:

“DMCA Title II, the Online Copyright Infringement Liability Limitation Act ("OCILLA"), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright infringement liability, provided they meet specific requirements. OSPs must adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to alleged infringing material (or remove such material from their systems) when they receive notification of an infringement claim from a copyright holder or the copyright holder's agent (a "notice and takedown" process). OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users when users claim that the material in question is not, in fact, infringing.”