Google, the Open Handset Alliance and 45 other companies are being sued over the name given to «Android», the open-source mobile phone operating system.

Erich Specht, who trades in the US as the Android Data Corp and the Android’s Dungeon was given trademark rights to Android five years ago by the US Patent and Trademark Office (PTO), and has since developed software and applications under the name. Advertisement

Google attempted to achieve similar rights in October 2007, a month prior to the launch of its operating system, but this was rejected by the PTO in February 2008.

The name of Google’s platform dates back to when Google acquired a small start-up company called Android that made software for mobile phones.

This week Specht filed a complaint to a Chicago federal court, arguing that Google’s use of the word would deceive and confuse customers. He requested the court ban Google from using the name and sought $2m in damages.

All the defendants in the case stand to be affected by the ruling and include Motorola, T-Mobile, Vodafone, Samsung, Sony Ericsson and Toshiba. They are all part of Google’s Open Handset Alliance, which backs the Android operating system.

A Google spokesman told Bloomberg on Friday the claims made by Specht have no merit. «We will defend them vigorously,» he said.

It was only three days ago that T-Mobile UK announced it had sold 100,000 Android mobile phones, also known as the HTC G1 Dream, since the device was released six months ago. Sales of the phones had also outstripped the sales of other T-Mobile handsets in the UK.