Google and 46 of its Android followers plus their consortium have been sued for stealing the Android name.

The suit, which claims "it is clear that Google stole first and asked questions later" - was brought last Tuesday by a little-known software developer who has nothing to do with open source Linux operating systems or cell phones.

Erich Specht, who runs an Illinois web site remote administration ISV called Android Data Corporation, wants $96 million in damages - $2 million a head - and an injunction claiming market confusion.

The trademark infringement suit, filed in federal court, names every company in the Open Handset Alliance including China Mobile, NTT, T-Mobile ARM, Broadcom, Nvidia, TI, Motorola, Sony and eBay.

Specht got a trademark on "Android Data" in 2002. Google applied in October 2007; its application was rejected in February 2008. Google appealed claiming Specht's mark was inactive and arguing that Android Data has been dissolved in May of 2004. The Patent and Trademark Office rejected Google's appeal and suspended its application this past November.

Google picked up the name from a little company that made software for mobile phones that it acquired. Specht reportedly thought Android was a phone; when he realized it was software he sued.