September 27, 2019

A painful delay

Jess Archer @jessarcher

The original name for GiftyDuck was Wisha. It fit our service perfectly, not only because of how it tied in with our wish list features, but also because it's an Irish word for "surprise". We had applied for the trademark in several countries and things were looking good.

That was until one day, when woke up to a letter from legal firm on behalf of a very large company who did not appreciate the similarity of our name, and claimed that people might confuse our brand with theirs. While they didn't have trademarks in our primary country, they had already applied for one, and also claimed they had a reputation and good will.

Without mentioning them by name, suffice it to say that the only reputation I was aware of was extremely negative. The similarity of our names was completely unintentional as I would never want our product to be confused with theirs.

Unfortunately, despite advice that we had a very good case, we were advised that due to their size, it wasn't worth the cost and effort for us to stand up for ourselves.

So we embarked on an incredibly painful one and a half month exercise to find a new name that we could register in our target countries that would be all but guaranteed to be safe from another attack.

The result - GiftyDuck.

We'd already spent money commissioning a logo for Wisha and had spent a bunch more on finding and registering our new name, so we decided to keep our existing logo, which we still loved, but unfortunately doesn't incorporate the thing that the name suggests it would - a duck.

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