In the last 24 hours and likely in response to hullabaloo in the blogosphere, Microsoft has made a stealth edit to their Windows Store certification rules.
Where it once said:
Note Make sure your app name doesnâ€™t include the word metro. Apps with a name that includes the word metro will fail certification and wonâ€™t be listed in the Windows Store.
.. it now says:
Don’t use names trademarked by others
Make sure to select a name for your app that belongs to you. If you use a name that doesn’t belong to you, the owner of that name could have your app removed from the store. If that happens, you would need to change the name of your app and all instances of the name throughout your app and its content before you can submit your app for certification again.
That of course removes the element of prior restraint and one hopes Windows Store certification examiners will not be removing names they believe infringes pro-actively, but at least wait for the supposed trademark holder to object first.
We will have to wait and see how enforcement is managed and if Metro is still indeed a bad word in the Windows Store, but at least in the written policy sanity has prevailed.