I’ve recently learned that Figma is targeting businesses and developers for using the term ‘Dev Mode’ in their apps or documentation. They are reportedly issuing cease and desist letters, claiming they hold the trademark for this phrase.
This seems quite bizarre since terms like ‘Dev Mode’ or ‘Developer Mode’ have been prevalent in the tech world for many years, used across various platforms and applications. Web browsers, operating systems, and a lot of software utilize similar names.
Has anyone else faced one of these legal letters? I’m curious if this is something they can actually enforce in court, or if it’s merely a scare tactic. It reminds me of trying to trademark something as common as ‘settings’ or ‘user profile’.
What do you all think about this issue? Should smaller companies be concerned about using standard development terms now?
totally agree! it’s wild how they think they can own such common terms. honestly, most devs just shrug this off anyway. a lot of us have dealt with these bullying moves before. small companies shouldn’t back down; it’s just a tactic to intimidate.
I actually went through something similar with a previous startup where we received a trademark notice over what seemed like generic terminology. From my experience, these letters are often sent out broadly as a fishing expedition to see who will comply without a fight.
The key issue here is whether Figma can prove they were the first to use “Dev Mode” in commerce within their specific classification. Given that developer modes have existed in browsers, IDEs, and operating systems for decades, they would need to demonstrate distinctiveness in their particular market segment.
Most trademark attorneys will tell you that overly broad or descriptive terms are difficult to defend. The fact that “Dev Mode” describes exactly what it is - a mode for developers - works against trademark protection in many cases.
If you received one of these letters, I would recommend consulting with an IP attorney before making any decisions. Many times these situations get resolved through negotiation or the trademark holder realizes their position is weaker than initially thought. The cost of actual litigation often outweighs the benefit for both parties.