Both companies will continue to use the term
Yesterday was the fifth birthday of Appleâ€™s App Store, the (in Appleâ€™s words) â€œrevolutionaryâ€ marketplace where consumers can buy apps ranging from Angry Birds to The Weather Channel.
And perhaps as a result of birthday cheer — or, more likely, a coincidence — Apple and Amazon have agreed to end their litigation over which company has the right to use the term â€œApp Store.â€
The issue, which was to be resolved at a trial slated for August 19, was voluntarily abandoned by both companies, with the blessing of Judge Phyllis Hamilton, of the U.S. District Court for the Northern District of California.
â€œNo longer see a needâ€ for litigation
Representatives for both companies said the issue no longer seemed worth litigating.
â€œWe no longer see a need to pursue our case,â€ Apple spokesperson Kristin Huguet . â€œWith more than 900,000 apps and 50 billion downloads, customers know where they can purchase their favorite apps.â€
And Amazon lawyer Martin Glick told Reuters that â€œ[t]his was a decision by Apple to unilaterally abandon the case, and leave Amazon free to use ‘appstore.â€’
The suit stemmed from Amazonâ€™s March 2011 decision to name its marketplace the â€œAppstore for Android.â€
â€œAmazon has begun improperly using Appleâ€™s App Store mark in connection with Amazonâ€™s mobile-software developer program,â€ Apple said in its complaint at the time.
Apple said that, before it filed suit, it asked Amazon three times to change the name of its marketplace, but never received a â€œsubstantive response.â€
Confusion, generic name were issues
While Amazon and Apple are both surely glad to avoid a trial (Apple CEO Tim Cook famously said last year that â€œIâ€™ve always hated litigation, and I continue to hate itâ€), hardcore techies and legal junkies may be disappointed by the fact that Cheap Converse Shoes there wonâ€™t be a trial.
Already, the case had presented several interesting twists, including a June 2011 observation by the judge that Apple hadnâ€™t shown sufficient â€œreal evidence of actual confusionâ€ between the two app stores.
And Amazon had made the argument that â€œApp Storeâ€ was too generic a term to be subject to a valid trademark.
(originally published atÂ )