Protection against copycat apps: What is legally protected – and what can be copied?

Copycat apps – i.e. app clones that imitate successful applications – are a sensitive issue for many developers and start-ups. On the one hand, there is free competition in Germany and ideas as such are not protected. Obvious concepts or popular software functions can generally be taken up by competitors. On the other hand, there are legal limits: Copyright law, trademark law, design law and the Unfair Competition Act (UWG) offer protection for specific designs and trademarks. This article provides a practice-oriented checklist for both sides – app providers who want to protect their own application from imitation and developers who want to launch a similar app with legal certainty. In particular, we look at copyright law (including Sections 2, 69a ff. UrhG), protection against counterfeiting under the Unfair Competition Act (Section 4 No. 3 UWG) and trademark law (MarkenG). Technical aspects such as UI/UX design, software functions and API structures are also examined.

Basic principle: In a free market economy, freedom of imitation applies in principle – no one can monopolize an abstract idea or a business model on their own. However, the specific implementation of an app can be protected if it has the necessary level of creativity or distinctiveness. Below you can find out what is legally protected against app imitation and what is not, as well as which protective measures and to-dos are advisable in an emergency.

Copyright: protection for software code, content and creative UI design

Software is protected by copyright if it represents a personal intellectual creation of the programmer (Section 69a (1) UrhG). In practice, this means that the source code of your app is automatically protected by copyright without registration. Other independent contents of your app such as graphics, icons, sounds or texts also enjoy copyright protection as soon as they are created.

• Source code & structure: If a competitor copies your code (e.g. by decompiling or copying), this constitutes a copyright infringement. Even if the code is not identical, extensive copying of individual code structures or modules can be problematic. In contrast, the functionality of a program as such is not protected by copyright. Ideas, algorithms and principles behind the software – including the underlying interfaces (APIs) – are not considered protectable elements. The European Court of Justice clarified: “Neither the functionality of a computer program nor the programming language or the file format […] are a form of expression of that program”. Therefore, several programs may offer the same functions as long as the actual programming is done independently.
• Idea vs. implementation: The difference between idea and expression is important. Copyright law only protects the concrete form of expression, not the abstract concept or mere operating logic. An app idea (such as a specific business model or feature) cannot be protected directly in Germany – only the elaborated form with an individual character enjoys legal protection. A competitor can therefore adopt the basic idea of your app, but may not copy your texts, images or code 1:1.
• UI/UX design: What about the design of the user interface (UI) and the user experience (UX)? The legal situation here is differentiated. Layout, navigation structures and color schemes of an app are often considered functional or technical and often do not reach the necessary level of creation as “creative expression ” – their mere imitation is usually not a copyright infringement. Standard designs (e.g. a typical menu bar or general app layouts) are more likely to be classified as an idea or method, not as an individual work of art. The situation can be different with original graphic elements: If the UI of your app contains, for example, specially designed icons, illustrations or an unusual layout with a high degree of creative individuality, the interface can be protected by copyright as a so-called work of applied art. The European Court of Justice has ruled that a graphical user interface can indeed be a copyright-protected work – but not according to the software rules, but only according to the general rules of Directive 2001/29/EC (InfoSoc). The prerequisite is that the GUI is to be classified as a personal intellectual creation of the designer, i.e. that it has sufficient individuality in the arrangement and design of the visual elements. In practice, the character of a user interface as a work is always examined on a case-by-case basis. Rule of thumb: purely functional or industry-standard design elements (e.g. standard icons for “settings” or typical tab menus) are not protectable, while creative, unique design elements or an unusual overall combination can certainly enjoy copyright protection.

Tip: Don’t rely on copyright alone for UI design, as the barriers to protection are high. Consider additional measures such as design registrations (see below) to protect the look and feel of your app.

Patents and utility models: Protecting technical functions

Patent law can protect software-related inventions, but only if they are of a technical nature. Pure software ideas or business methods are not patentable in Europe, but technical solutions that are implemented using software are (keyword “computer-implemented inventions”). Patents and the small patent (utility model) can therefore only be considered if your app solves a technical problem in a technical way – such as a new encryption method, an efficient image processing method or similar. The requirements are high and the examination procedure is complex. However, if your app concept involves a genuine technical innovation, a patent application at the German Patent and Trademark Office (DPMA) or European Patent Office may make sense. A granted patent grants monopoly protection for up to 20 years, a utility model (without an examination procedure) for up to 10 years.

Important: As software functions are in themselves freely reprogrammable under copyright law, a patent is in fact the only way to protect functionalities exclusively – but only if the technical invention is truly inventive. So check critically whether your feature is worthy of a patent; if in doubt, consult a patent attorney. Also note that patent ideas are published and thus become known to the competition; keep innovations confidential during development (→ NDA).

For most apps from start-ups, patents do not play a major role, as app ideas are often commercially innovative, but not technically new enough. If a patent has been granted, a copycat that uses the patented technical teaching can be effectively prohibited. Otherwise, competitors may offer the same functions – for example through independent programming – as long as they do not infringe any protected technical solutions or trademarks.

Design law: Protection of the visual design of your app

In addition to copyright, there is also registered design (formerly design patent), which specifically protects the external appearance of a product. The screen design (graphical user interfaces, icons, layouts) and possibly the hardware design (if you have your own device) are particularly relevant for apps. Design protection only arises through registration with the DPMA or EUIPO (EU-wide design) – it is therefore a registration right similar to trademarks or patents.

• What can be protected as a design? The overall aesthetic impression of a product or part of a product is protected. In the case of apps, for example, app icons, logo designs, individual GUI screens or interface elements can be depicted and registered as a design. Important: The design must be new and unique, i.e. different from what is already known. A simple standard layout is unlikely to be successfully registered. On the other hand, an independent visual concept (colors, shapes, arrangement) of an app interface may be protectable under design law. For some years now, patent offices have also expressly recognized digital graphic symbols and screen displays as protectable designs.
• Scope of protection and duration: A registered design prohibits competitors from using a practically identical or very similar design. Even the characteristic design features adopted are sufficient for an infringement, even if there are minor deviations – the overall impression is decisive. Protection lasts for a maximum of 25 years (must be renewed every 5 years).
• Example: If you protect the distinctive UI layout of your app as a design, a competitor who uses a confusingly similar interface could be prosecuted for design infringement – even if they write their own code. The same applies to copying a protected app icon or animated logo. Without design protection, copying the visual style would be much more difficult to attack, unless it leads to confusion of origin (then UWG, see below).

Tip: Use the design right to make your app’s unique visuals legally tangible. Registration is comparatively inexpensive (approx. 70€ at the DPMA) and quick. Remember to register designs within 12 months of first publication at the latest (grace period), otherwise your design will be deemed to be well-known. EU designs or Hague registrations are suitable for international protection.

Trademark law: Protection of app names, logos and brand presence

Brand names and logos are often the first things that copycats imitate in order to profit from the success of an app. This is where trademark law (MarkenG) comes into play: It protects trademarks that are used in the course of trade against confusion. A trademark registered with the DPMA grants an exclusive right to a specific name or logo for specific goods/services. Class 9 goods (software) and service classes (e.g. class 42 software-as-a-service) are typically relevant for apps.

• Secure the app name and logo: Check early on whether the app name you have chosen is still available and register it as a trademark, ideally before the launch. This not only prevents others from hijacking your name, but also gives you a handle against free riders with similar names. The same applies to a concise logo or icon: Graphic representations that serve to distinguish your app can be protected as a figurative mark. If successful, a trademark application grants protection for an indefinite period (must be renewed every 10 years).
• Trademark infringement by copycats: If a copycat uses the same or a confusingly similar name for an app in the same environment, this generally constitutes trademark infringement. The same applies if a similar logo or app icon is used that gives the user the impression that it comes from the original provider. In such cases, you can demand an injunction, compensation and deletion of the app. Please note: A similar app title or subtitle can also be relevant under trademark law if there is a risk of confusion.
• Protection of product names and features: Individual feature names or slogans of your app could also be registrable as a trademark, provided they are sufficiently distinctive. Example: If your service uses a unique name for a technology, a trademark can prevent competitors from using that exact term. General generic terms or purely descriptive names, on the other hand, are not protectable as a trademark.

Note: In Germany, company names are also protected under trademark law by mere use in the course of trade (Section 5 MarkenG). This means that if your app or startup is already known on the market under a certain name, this name may already enjoy protection without registration, particularly on a regional or industry-specific basis. However, the proof and scope of such use marks is uncertain. Preventive registration is therefore clearly recommended for start-ups. Domain names can also be disputed if a copycat chooses a similar internet address – trademark law or title protection law (possibly relevant for app titles if considered a work title) can also help here.

Interim conclusion: You can protect key elements of your app – code, content, name, logo, design – through copyright, trademark and design law. But what if a competitor imitates everything legally possible without formally infringing an IP right? Here it is worth taking a look at competition law.

Unfair competition (UWG): Protection against imitation for apps pursuant to Section 4 No. 3 UWG

The UWG, in particular Section 4 No. 3 UWG, offers additional protection against unfair imitations of your app. This applies if no specific property right (copyright, trademark, patent, etc.) has been infringed, but the copy is considered anti-competitive under certain circumstances. In competition law, the following generally applies: imitation is part of permitted competition as long as it remains fair. Imitation is only prohibited if it is carried out in one of the unfair ways listed in Section 4 No. 3 UWG:

• (a) Causing deception as to origin: Anyone who imitates goods or services and thereby causes avoidable deception of customers as to their commercial origin is acting unfairly. Applied to apps, this means that if a copycat designs their app in such a way that users could believe that it is your app or an associated product, the limit has been exceeded. Example: The copycat copies your color concept, UI layout and uses an app name or icon that is very similar to yours – an average user could confuse the two apps. This “deception of origin” is avoidable (the competitor could have a significantly different positioning) and therefore unfair. This also includes subtle confusion (e.g. similar app store appearance).
• (b) Unreasonable exploitation or impairment of reputation: It is also unfair if the copycat exploits or damages the reputation of your product. This refers to cases in which the copycat specifically wants to profit from the good reputation of your app or damages this reputation with inferior copies. Example: Your app has built up a positive image; a copycat advertises itself as being “just like [your app name]” in order to dock onto your reputation – or it copies distinctive features so that customers transfer your image of quality to its product. It would be just as unfair if the poor quality copy brings your name into disrepute. This is a case of exploitation of reputation or damage to reputation, which is prohibited by Section 4 No. 3 b) UWG.
• (c) Dishonest acquisition of knowledge or documents: Finally, the imitation is unfair if the competitor has obtained the knowledge or documents required for the imitation dishonestly. This includes, for example, industrial espionage, betrayal of secrets or breach of contract: for example, if a former employee takes your source codes or trade secrets to the new employer, or the competitor gains access to your API documentation by hacking. In short: anyone who illegally obtains information for copying is acting anti-competitively. Specifically relevant for software: leveraging security, stealing proprietary databases or exploiting confidential beta access in order to clone the product.

Important to understand: Section 4 No. 3 UWG does not protect the idea or the successful performance per se, but only prohibits the unfair manner of imitation. Imitation is permissible as long as it does not lead to confusion, does not exploit another person’s reputation and is carried out legally. In addition, the UWG protection against imitation requires that your app is already on the market and has a certain individual character (it must stand out from other products in its specific design in such a way that the public can assign it to a specific origin) – this is known as competitive originality. Ordinary, highly standardized apps without special features will be less able to claim protection here.

Example: Your app has a unique feature set or an unmistakable design that is a unique selling point on the market(competitive originality). A competitor launches an app that adopts your special features one-to-one. If there is no risk of confusion (different name, different design), this would initially be permitted from a purely competitive perspective (freedom from imitation). However, if the imitator was only able to copy so quickly thanks to unfair means (e.g. stolen code), or if he deliberately creates confusion with his appearance, Section 4 No. 3 UWG applies and you can take action against it.

👉 Practical tip: If you want to launch a similar app on the market, avoid the three “red rags” of the UWG: Ensure sufficient differentiation so that there is no risk of confusion (different branding/UI), do not use the competitor’s name or reputation to your advantage (no free-rider marketing) and obtain all information honestly (no data theft, only permitted reverse engineering methods). Then you are generally in the green zone of freedom from imitation.

Technical aspects in the copycat case: UI/UX, features and APIs

Finally, we take another look at the technical imitations in focus and classify them in the above-mentioned legal areas:

• Imitation of UI/UX design: User interfaces are often structured similarly in the IT industry (keyword: best practices in UX). Anyone can use basic operating concepts and learned UI patterns (e.g. hamburger menu, swipe gestures) – such operating ideas are not exclusive. A copycat may adopt your UX philosophy or navigation structure without infringing copyright as long as there is no one-to-one copy of creative elements. But beware: as soon as the UI is visually imitated almost identically (colors, icons, layout), there is a risk of deception of origin within the meaning of the UWG – users could confuse the two apps. This is unfair, even if each individual UI element may not be protectable on its own. In addition, individual graphics or icons could very well be protected by copyright (if created independently) – the imitator may not simply copy these, but would have to design their own graphics.
• Imitation of software functions: Functions and features of an app are legally considered ideas or concepts – they are freely reproducible under copyright law. It is not an infringement if your competitor also offers all the core functions of your app as long as he has programmed them himself. The law wants to prevent anyone from monopolizing general functionalities, as this would hinder technical progress. Example: If your app has e.g. filter functions, chat features or payment integration, competitors can also incorporate such functions. Exceptions: If a function has a patented technical core, it may of course not be used without a license. And if a feature is so closely linked to a protected trademark term (e.g. a name-giving unique selling point), the use of the same term could be a trademark infringement. Normally, however, feature cloning is permissible as long as it is done fairly – the competition is allowed to challenge you functionally.
• Imitation of API structures: Many modern apps offer APIs (programming interfaces). The structure of an API, i.e. which endpoints, parameters and data formats are used, is also not essentially protected by copyright, as it is part of the functionality. For example, someone could develop software that is compatible with your API by implementing the same requests and formats – the concept of the interface (similar to a programming language) is not an expression of the program and is therefore freely rebuildable. BUT: Caution is advised here in two respects:
  1. Documentation and names: If the copycat copies your API documentation word-for-word or adopts internal names, this may infringe copyrights on texts. The idea of the interface is free, the text of your doc is not.
  2. Interoperability vs. cloning: Copyright law (Art. 5 para. 3 of the EU Software Directive) expressly allows a program to be understood by observing, investigating and reverse engineering it in such a way that the interfaces for a new compatible program can be identified. In other words, reverse engineering for the purpose of interoperability is permitted. However, it would be illegal to use the API to replicate the entire service, thereby violating access conditions or data protection. There could also be contractual terms of use that prohibit the tapping of API data (violation would then be a breach of contract and possibly dishonestly obtained within the meaning of the UWG).
     Overall, this remains the case: The functionality and programming interfaces of your app may in principle be controlled or copied by competitors as long as they use legal means and do not copy any protected creative services.

Checklist: Protective measures for app providers (practical guide)

How can you proactively protect your app from copycats? Here is a checklist of important steps and considerations:

• Uniqueness & documentation: Work out the special features of your app (USP, design features, technical tricks) clearly and document them. Only something with a certain degree of originality can be protected later. Record development steps (source code versions, design drafts with date) so that you can prove your authorship in the event of a dispute.
• Secure trademarks early on: Search for similar names and register your app name as a trademark (including logo/slogan if applicable). A DPMA trademark application gives you exclusive rights to the name in your industry. Also think about important foreign markets (EU trademark, US trademark) if there is a risk of international copycats. Before launching, check whether domains and social media handles are available to ensure a consistent brand presence.
• Use design protection: Check whether the visual design of your app can be protected (e.g. characteristic icons, interface layouts). Register designs before you publish your app or at the latest within the novelty period. This prevents imitators from copying your look and supplements copyright where its protection is uncertain.
• Secrecy & contracts: Protect source code, algorithms and business ideas in the development phase by taking appropriate measures. Have external service providers or employees sign non-disclosure agreements (NDAs). Ensure that know-how outflows (e.g. through github repos, forum postings) are avoided. The new Trade Secrets Act offers legal protection, but only if you actually take confidentiality measures. Establish clear terms of use for partner access to APIs or beta programs that prohibit abuse.
• Technical protective measures: It is often not possible to completely prevent reverse engineering, but you can make it more difficult: Use code obfuscation or anti-debugging techniques where feasible to thwart direct code copying. You can run sensitive components on the server side instead of in the app so that they cannot be extracted from the app. Keep in mind, however, that security through obfuscation alone is not full protection – legally, the rights mentioned above ultimately count.
• Observe the market: Keep an eye on your competitors and app platforms. Monitor app stores for new releases with similar names or striking similarities (keyword: Google Alert on your brand name, manual checks). Also check relevant forums or GitHub to see if anyone is forking or plagiarizing your code. The earlier you discover a potential copycat, the faster you can react – which is important, for example, to obtain injunctions.
• Further development & USP expansion: The best protection against copycats is to always stay one step ahead. Don’t rest on your laurels, but constantly develop your app further, extend your lead and maintain customer loyalty. This way, copycats are always running behind. This strategic “always be faster” does not replace legal protection, but it does reduce the risk of copycats causing you lasting damage.
• Have a contingency plan ready: Think in advance about what to do if plagiarism does occur. Have contacts to IT lawyers ready or use legal tech services to issue a warning quickly in an emergency. Internal processes (who informs the management, who collects evidence, who talks to the press?) can be prepared so that you don’t react headlessly in an emergency.

Checklist: Develop a legally compliant similar app (Dos & Don’ts)

Not only original developers, but also imitators want legal certainty. Perhaps you are planning to relaunch a proven app concept or enter the market as a “me-too product”. This practice is legally possible – successful companies such as Rocket Internet have proven that copycat strategies work – but you need to avoid pitfalls. Keep the following points in mind to avoid entering a legal minefield:

• 💡 Ideas are free: Make it clear that ideas and concepts for apps are generally free to use. It is legitimate to be inspired by successful models. BUT: The competitor’s actual creative achievement must not be clumsily copied. Use the idea without stealing the actual intellectual property. Develop your own approaches and improvements – this will also justify your product among the competition.
• 🔀 Your own implementation instead of a copy: Write your own code, even if the app can do something similar to the template in the end. Do not copy or recompile other people’s source code – this would be a copyright infringement. The same applies to texts (e.g. menu texts, descriptions) and images/graphics: create original content or use license-free/self-designed assets. A 1:1 copy of the entire app interface or structure is highly risky – even if copyright protection is uncertain, there is a risk of trouble via the UWG if you deliberately create a duplicate.
• 🏷️ Avoid the risk of confusion: Distance your product visually and by name from the original. Choose your own app name that clearly stands out from the original (no echoes of famous names, no mere appendages such as “AppName 2”). Design your logo/icon independently. Also in interface design: even if certain UX patterns are similar, give your app a recognizably unique style (colors, graphics, wording). Goal: No average user should believe that your app comes from the same provider or is an official offshoot of the others. In this way, you avoid the greatest risk of unfair competition (deception of origin) and minimize trademark risks at the same time.
• 🚫 Do not use third-party brands: Avoid any use of a competitor’s brand name in your app or marketing, except perhaps in comparative advertising under strict conditions. A copycat should never give the impression that it belongs to the original. So, for example, third-party logos, protected names or similar app store seo (“for fans of XY” can be borderline) are taboo. In general: Build your own brand instead of poaching from others.
• 🔍 Rights research in advance: Before you get started, do your homework in terms of research. Check:
  • Are there patents or utility models for certain functions that you want to implement? (Consult DPMA, EPO databases.) – If so, design around it or obtain a license.
  • Is the design of the app possibly registered as a design patent/design? – If so, make sure it looks sufficiently different.
  • Is the name protected (trademark, title protection)? – Avoid conflicts by renaming.
  • Does the app perhaps have open source components with strict licenses? – Comply with licensing requirements to avoid license violations (which can be just as tricky legally).
• 🤝 Use fair methods: Use only legitimate methods to obtain information. Reverse engineering a publicly accessible program in order to understand its interfaces or functionality is permitted – within reasonable limits. What is not permitted, however, is tapping into secret data or breaking access conditions. If, for example, you decompile software in order to learn how a certain algorithm works, you are operating in a gray area – it is only permitted to create interoperability with a stand-alone program. If in doubt, seek legal advice on how far you are allowed to go. Basic rule: No theft of source code or confidential documents. You may use what is publicly available (use the app, read official documentation) – anything more than that may be dishonest.
• 📁 Development documentation: Even as a copycat, document your own development work precisely. If the original provider accuses you of wrongdoing, you can prove that you have developed independently (e.g. using code repository histories, independent designs, etc.). This protects you from unjustified claims in an emergency and demonstrates your honesty.

If you take these points to heart, you can navigate the waters of great app ideas without falling into legal shoals. Many successful apps were not the first of their kind, but improved on an existing concept – “Better well copied than badly invented” goes the saying. As long as the copying remains fair and your own innovative achievements are recognizable, the law is on your side.

What to do if your app has been copied? – Concrete instructions

Despite all precautions, it can happen: You discover an application in the app store or on the web that looks confusingly similar to yours. What should you do now? Keep calm and proceed systematically. The following steps have proven themselves in practice:

1. Secure evidence: Thoroughly document what has been copied. Take screenshots of the copycat app (interface, logo, description in the store), make a note of the developer/provider, release dates, any customer reviews that indicate confusion. If your app is affected, also archive your own source code and designs so that you can compare the original and copy later. This fact check is extremely important as a basis for all further steps.
2. Make a quick assessment: Check internally or with confidants: Which of your rights could be infringed? Is it more of a trademark issue (name/logo stolen)? Is it a copyright infringement (texts, images, code taken over)? Or is it a UWG constellation (look & feel imitated, confusion possible)? This assessment will help you find the right leverage. If you already have a trusted lawyer, consult them at an early stage.
3. Contact the copycat (optional): In some cases, a direct, calm conversation with the copycat can be useful – for example, if it is a well-known colleague or a smaller developer who may not even be aware of any fault. Ask for clarification: Often a voluntary change of name or design can be achieved through this short official channel. Caution: Remain objective, avoid angry accusations. Make a note of the outcome of the conversation. If the copycat is unknown or does not agree, skip this step and take legal action.
4. Issue a warning letter from a lawyer: In Germany, the usual way to enforce claims for injunctive relief is by issuing a warning letter. A lawyer formulates a letter to the infringer, specifies the legal infringements (with legal bases, e.g. §§ 14 MarkenG, 97 UrhG or § 8 UWG in conjunction with § 4 No. 3 UWG) and requests the infringer to cease and desist within a short period of time. § Section 4 No. 3 UWG) and requests the infringer to cease the actions complained of within a short period of time. In most cases, a pre-formulated cease-and-desist declaration with penalty clause is enclosed, which the infringer is asked to sign. In it, he undertakes not to repeat the infringements, otherwise he will pay a contractual penalty. Why a warning letter? It offers the opportunity to resolve the conflict quickly and out of court. In addition, the unsuccessful party often has to bear the costs in court proceedings – if you are cooperative, you increase your chances of having these costs reimbursed. Tip: Have the warning letter drafted by a specialist lawyer for IT law to avoid formal errors.
5. Injunction (if urgent): If the copy is causing acute damage – e.g. your market share is being eaten up immediately or your reputation is permanently at risk – do not hesitate to take legal action. With the help of a lawyer, you can apply to the competent district court for a temporary injunction. This can often be done within a few days to a few weeks and can prohibit the copycat from continuing to distribute its app (or continuing to use the disputed name/logo), even before detailed court proceedings are initiated. The prerequisite is that your claim is conclusively presented and the matter is urgent (usually: you should file an urgent application within 1-2 months of becoming aware of the infringement so as not to lose any urgency). An injunction will give you peace of mind quickly, but may have to be confirmed in proceedings on the merits.
6. Action on the merits: An action for injunctive relief and damages can follow in parallel or after a warning letter/EV. Here, the rights are negotiated comprehensively in a normal court case. Damages may be considered if you have suffered financial loss as a result of the copy (loss of profits, license analogy, etc.). The amount is often difficult to quantify, but at least the warning costs can usually be claimed. In blatant cases (e.g. systematic theft of source code), criminal proceedings may also be considered – such as criminal charges for copyright or trade secret infringement – which can put pressure on the copycat.
7. Inform the platforms: If the copycat app is distributed via third-party platforms (App Store, Google Play, GitHub, etc.), also use their notification procedures. Apple and Google, for example, have forms for Trademark Infringement or Copyright Takedown. Enclose your property rights documents (trademark certificate, screenshot of the protected content). In clear cases, platform operators often react quickly and remove the offending app to avoid liability. This can be particularly effective in stopping further downloads in the short term – but is no substitute for a long-term solution via a cease-and-desist declaration or judgment.
8. Public relations (carefully): Depending on the situation, it may make sense to inform customers – via social media or a blog post, for example – that a copycat app is not yours in order to prevent confusion. Keep such statements factual and legally impeccable (no defamation). The aim is to protect the brand identity of your app (“only apps under our developer account really come from us”). This is a soft step and should be used with caution so as not to start a PR dispute.

As a general rule, don’t be afraid to seek professional help. Especially in the case of brazen copycats that create a direct risk of confusion, you can hardly get by without legal support. Experts in IT law can quickly assess which legal basis is most promising and know exactly how to proceed (warning letter, court). Although this costs money, unchecked theft of ideas can jeopardize the existence of your business, so a consistent approach is usually worthwhile. In any case, you should make a cool-headed calculation: What damage is the copycat doing and what costs are you prepared to invest to stop him? The threat of legal action is often enough to deter smaller copycats. For larger disputes, weigh up the litigation risk with your lawyer.

Conclusion

Copycat apps are a reality in the software business – there is no complete protection against copycats, but there are effective legal tools to defend your intellectual property and your market position. It is crucial to know the line between permitted inspiration and unfair copying. Copyright protects your code and creatively designed content, but not general ideas or functions. Trademark and design rights protect your app name, logo and visual appearance. And competition law (UWG) steps in if someone brazenly imitates your product and thereby causes confusion, casts a shadow on your reputation or works with dirty tricks.

For app developers and start-ups, this means: take preventative action by using all protection options – from trademark registration to confidentiality – and keep an eye on the market. Create independent assets that are legally tangible (memorable name, original design, own content). This increases the hurdle for imitators. At the same time, stay agile: in the fast-moving IT world, speed of innovation is often the best defense against copycats.

The following applies to imitators with good intentions: take your lead, but don’t copy blindly. Offer added value and differentiation instead of just stealing. Free competition allows for a lot – as long as you play fair and respect other people’s rights, “second winners” can also be successful without going down the legal drain.

In the end, competition stimulates business, but brazen app plagiarism is not a trivial offense. Anyone affected by this should know their rights and enforce them. Then it quickly becomes clear: innovation beats imitation – in court if necessary.

Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.