Emonster, in an appeal to federal court in San Francisco, pointed out that using 'Animoji' is a “textbook case” of deliberate infringement.
Emonster chief executive Enrique Bonansea registered a trademark on the product name 'Animoji' and Apple is fully aware of Emonster’s app because it is available for download on Apple’s App Store according to the lawsuit .
In a statement during the release of iPhone X, Apple wrote: "The TrueDepth camera brings emoji to life in a fun new way with Animoji. Working with A11 Bionic, the TrueDepth camera captures and analyses over 50 different facial muscle movements, then animates those expressions in a dozen different Animoji, including a panda, unicorn and robot."
Emonster is now seeking financial damages and a court order blocking Apple from using the term while the lawsuit is pending.