Apple and Amazon.com have ended their trademark lawsuit battle over the rights to use “app store.” Both names will be able to use the name without consequence. U.S. District Judge Phyllis Hamilton in Oakland, California ordered the case to be dismissed today.
“We no longer see a need to pursue our case,” stated Apple spokeswoman Kristin Huguet said. “With more than 900,000 apps and 50 billion downloads, customers know where they can purchase their favorite apps.”
Apple had issued covenant not to sue Amazon.com for the name. This means that Amazon.com likely will not file a counterclaim.
“We’re gratified that the court has conclusively dismissed this case,” stated Amazon spokeswoman Mary Osako. “We look forward to continuing our focus on delivering the best possible appstore experience to customers and developers.”
The trademark lawsuit was filed by Apple in March 2011. Apple accused Amazon.com for misusing the “app store” trademark. Amazon made a counterclaim by saying that the term has become generic so it does not fall under false advertising.
This lawsuit was filed under Apple Inc v. Amazon.com Inc et al, U.S. District Court, Northern District of California, No. 11-01327.