Fair Use of trademark on app at Amazon

I am in Colorado

I am a developer for application for Android phones. These apps are for sale at various marketplaces on the internet, including the Amazon Appstore.

I recently submitted an app which has nutrition information for 300 restaurant menus. The main screen is populated with 300 logos belonging to the restaurants. When you select a restaurant logo, the program shows you the menu with all the nutrition data.

There are at least 10 apps on the Amazon Appstore which have exactly the same logo layout and do similar things, showing nutrition information from the same restaurants.

Now I received an email from Amazon saying they will not list my new app unless I can prove to them I have the rights to use these logos.

My question is not weather I can or can't use the logos, but rather why are they excluding me while allowing others. (I know for a fact that the others do not have permission to use the logos either, because I am one of them with another app.)

If you would like to see the apps I am referring to you can see them here:
(Just look at the screen shots provided on the page which shows the apps screens.)

Amazon.com: WW Restaurants Points (Plus): Appstore for Android

Amazon.com: Fast Food Calorie Counter: Appstore for Android

I hope someone can help.
ThanksWhat is the name of your state (only U.S. law)?

Fair use doesn't enter into it. Amazon is free to set their own arbitrary rules to use the appstore.

Just to be clear, my question is not really about fair use but rather why they have quoted IP Rights as a reason to exclude my app, when others using exactly the same layout, are allowed.

Here is a quote from their email:

"Intellectual property rights are important to us – we want to make sure that developers or rights holders don’t have their applications or copyrighted property sold by others without permission. Please provide documentation demonstrating that you have the rights to use the logos included within the app content within the next 7 days."

This is the reason they are indicating so my assumption is that that is the real reason?

If they can disallow my app because of any reason, it seems they would state the real reason, or it could be discriminatory. I have many other apps in their Appstore, so what am I supposed to think?

vonkal said:

Just to be clear, my question is not really about fair use but rather why they have quoted IP Rights as a reason to exclude my app, when others using exactly the same layout, are allowed.

Click to expand...

Because they can...

(Yes, it's a very simplistic answer, but it's the truth)

vonkal said:

My question is not weather I can or can't use the logos, but rather why are they excluding me while allowing others. (I know for a fact that the others do not have permission to use the logos either, because I am one of them with another app.)

Click to expand...

And you have proof that (out the 10 you reference) 9 of them have NOT gotten permission from the copyright holders?

If I were you, I would reach out to them and let them know your other app and that it is approved using the logos... that way it would prove your argument to them