That still doesn't justify suing him out of app stores.
Just because you make a shitty phone and puts an apple on it doesn't mean people will be buying your shit hands over fists.
Quality speaks for itself.
I think companies should be less territorial about names. Unless it is a direct copy, I'm sure the average people will be able to figure out that "candy smash" is a ripoff. After all only it won't have 20billion downloads.