Developer Enrique Bonansea released the Animoji app through his company Emonster, a software development firm that is based in Tokyo. Animoji is a fast, free and easy-to-use tool to animate your text and email messages. Apple has a record of the said app as it is now available for download on the App Store.
Tokyo's Emonster kk filed the case against Apple on Wednesday in a San Francisco federal court and stressed that they possess the US trademark on the term "animoji" and Apple's use of the word is a prime example of deliberate infringement. It now enjoys a 4-star rating, from the seven people who took the time to rate it. Here is an excerpt from the lawsuit: This is a textbook case of willful, deliberate trademark infringement.
Apple claims through a petition, obtained by The Verge, filed in September that the trademark is registered to a non-existent entity thanks to a clerical error and, therefore, Emonster does not actually own the trademark.
According to the official suit papers or we can say complaint, Apple was aware about the Emonster's ownership of the actual Animoji application which was available on the iTunes from the year 2014. On reports that Apple new about the existence of his app, he says Apple had to know about it since the company had complied when he had requested several competing apps to be taken down. Instead of using the creativity on which Apple developed its worldwide reputation, Apple simply plucked the name from a developer on its own App Store. Bonansea claims he was approached by Apple "fronts", like The Emoji Law Group LLC., to sell the property this past summer. A company is suing Apple for stealing the name of their product and releasing it without any information. "Yet Apple made the conscious decision to try to pilfer the name for itself - regardless of the consequences". But even this did not save the "Apple" company from plagiarism. Apple has also tried to purchase the Trademark from the officials, however they have fairy denied the trademark deal at that time and Apple has used the same trademark without their permission or the official agreement which is something uninteresting to the Emonsters. It turns out, the trademark was originally filed by Bonansea was for his company emonster inc. It is a biometric security scheme that is not available on any previous iPhone models, including the iPhone 8 and iPhone 8 Plus. The lawsuit also cites that Emonster is seeking unspecified money damages and a court order that would prohibit Apple to use the term "animoji" while the lawsuit is still ongoing.