Developer sues Apple for using Animoji brand name for iPhone X

An American developer has sued Apple for using its brand name Animoji. Apple tried to buy its brand name before the announcement of the iPhone X, but the developer said no.

Because Apple has done its best to get its hands on the brand name, the developer of the Animoji app says the smartphone maker must have been aware that it owns rights to use the Animoji name. Moreover, his app is in Apple’s download store, so the American company must have known that he already had a service with that name. His app can send moving messages to contacts and has 18,000 downloads.

A company called Emonster, the same trade name with which the app appears in the App Store, obtained the rights to the trademark from the US Patent and Trademark Office in 2015. The developer says Apple also recognized its trademark right. This summer, before the announcement of the iPhone X, the developer came across several apps that also used the name Animoji. Apple removed it at the developer’s request.

The developer wants damages from Apple for the use of its brand name and wants a jury to decide the case. It is still unknown if there will be a case; it is usual that after a lawsuit both parties first try to find a solution through, for example, a settlement.

Animoji is Apple’s name for emojis that can replicate the user’s mouth and facial movements via the TrueDepth camera on the front of the iPhone X. The name comes from a portmanteau of “animated” and “emoji.”

It’s not the first time Apple has announced something without holding the brand name. When Apple announced the iPhone, it was a Cisco brand name, and the company used that brand name as well. The name iPad was owned by Fujitsu, who released a touchscreen handheld under that name. In both cases, after the announcement, Apple came to an agreement to acquire the brand name.