Apple ends ‘app store’ lawsuit against Amazon

“Apple Inc and Amazon.com Inc have ended their lawsuit over who has the right to use the ‘app store’ name, clearing the way for both companies to use it,” Jonathan Stempel reports for Reuters.

“U.S. District Judge Phyllis Hamilton in Oakland, California, on Tuesday ordered that the case be dismissed at the companies’ request, averting a trial that had been scheduled for August 19,” Stempel reports. “This came after Apple issued to Amazon a covenant not to sue over the online retailer’s use of the term, eliminating the need for Amazon to pursue a counterclaim seeking permission. ‘We no longer see a need to pursue our case,’ Apple spokeswoman Kristin Huguet said. ‘With more than 900,000 apps and 50 billion downloads, customers know where they can purchase their favorite apps.'”

Stempel reports, “Martin Glick, a lawyer for Amazon, said in an interview, ‘This was a decision by Apple to unilaterally abandon the case, and leave Amazon free to use ‘appstore.””

Read more in the full article here.

MacDailyNews Take: Done.

Legal verdict or not, the fact remains: Amazon launched their store in March 2011 as “Appstore” because, 5 years ago today on July 9, 2008, Apple created the App Store℠, which is a service mark of Apple Inc..

Related articles:
Apple, Amazon fail to settle ‘Appstore’ dispute ahead of August trial – June 20, 2013
Amazon wins dismissal of Apple’s false advertising claim over ‘app store’; trademark infringement, unfair competition claims remain – January 2, 2013
Apple ratchets up trademark fight against Amazon Appstore – July 26, 2012
Judge: Apple has ‘stumbling block’ in lawsuit seeking to bar Amazon from using ‘App Store’ – June 23, 2011
Apple rejects Amazon’s claims ‘App Store’ is generic – May 20, 2011
Microsoft, HTC, Nokia, and Sony Ericsson oppose Apple’s ‘App Store’ trademark in EU – May 13, 2011
In court battle, Amazon disputes Apple has exclusive rights to ‘App Store’ – April 26, 2011
Microsoft’s ‘Windows App Store’ images leak, look suspiciously like Apple’s Mac App Store – April 11, 2011
Apple expands their ‘App Store’ trademark in Europe – April 4, 2011
Apple targets Android porn store in ‘App Store’ trademark defense – March 23, 2011
Apple sues Amazon.com over ‘App Store’ trademark infringement – March 21, 2011
Microsoft seeks to dismiss Apple’s ‘App Store’ trademark brief because font is too small – March 9, 2011
Apple accuses Microsoft of hypocrisy in App Store trademark dispute – March 1, 2011
Microsoft files objection to Apple’s ‘App Store’ trademark – January 12, 2011

34 Comments

    1. I wouldn’t be so disgusted with Amazon if they didn’t manufacture the ebook case against Apple to preserve their predatory monopoly on the market, and defend their lame and completely bogus 1click patent against Apple and others.

  1. I don’t know if it was there before, but on the list of “Departments” on the online Amazon storefront.

    Appstore for Android

    Or were they already using the spelling “Appstore” to get around using “App Store”?

  2. This is because Apple knows how bad their own lawyers are, and how expensive, and in the end nothing comes out. To me it is absolute clear that the fall of the stock has so much to do with all negative press during the Samsung trial.

    A lot jouwhorenalists were not interested in the facts that Samsung stole Apple’s IP but were simply keen to bash Apple. In the end Apple’s value went down a hundred times more than the one billion Dollar Apple should get from the jury’s verdict. In the end the judge anyway will cut it to nearly nothing. That was a lose lose game for Apple.

    1. Baloney. Apple decided that Amazon’s use of “Appstore” really didn’t harm Apple to any degree. Besides, it’s not like iPhone users are going to buy apps from Amazon’s Appstore for Android.

  3. You idiot fanboys seriously support Apple suing others over the use of “App Store”? That is the most generic bullshit. You’d be screaming at anyone trying to sue Apple over this.

    It’s unoriginal and obvious.

    1. Yes because if you read MDN take. You may understand what….oh forget it. Reading and Comprehension sometimes doesn’t come hand in hand for some folks! lol

    2. I’m assuming you are even more disgusted with Amazon for their bogus 1-Click sale patent that they were awarded and have defended?

      Also I’m certain you are against Amazins predatory underpricing of Ebooks to lock up a monopoly on the market and keep out competitors and then using the injustice department as their strong arm thugs to go after Apple when they dared to come into Amazon territory and dared to also sell Ebooks?

    3. Absolutely not. When Apple infringed on the name “iPhone”, which had been registered by another company some 3 years or so before Apple announced its iPhone, I knew right then and there that Apple would have to pay up to obtain the trademark (and that it should). Apple probably had to pay a pretty penny for the name.

      But Apple didn’t sue the company, it negotiated a price. Amazon just took out the space in “App Store” and started using the name.

      1. There was a legitimacy of ownership of the patent based on abandonment. If Cisco had actually sued Apple its not certain that they would have prevailed. The negotiations were never made public so we will never know that real story.

      1. Why is it that you fanboys simply refuse to acknowledge something about Apple by always deflecting everything onto other people and companies? Just because company x did something stupid, or condones something dumb, and then when Apple is called out for the very same thing, it’s, “Well, company x does this. Why aren’t we attacking it?”

        You all have a simple problem: you’re fanboys. And you refuse to believe anything negative about Apple.

        If ANYONE, ANYTHING, on this planet, tried to have monopoly on the name “App” for use in software and in software commerce, you’d be livid. Screaming patent trolls! Trademark trolls!

        Give it a rest.

        1. But of course that is not what they were trying to do is it. Always easy to invent your own imaginary contention then condemn others for supporting this imaginary contention. As for your personal insults it rather suggests that you are very much a ‘fanboy’ of others or your particular input would replace its childish insults with some objective and accurate commentary, but that is not remotely your intent is it.

        2. Slime… Slimon yourself as it should be,

          How about you take your trolling no good for nothing ass and go somewhere else, it very obvious your here to troll and you have been marked as such.

          I garentee the a cross search of all your posts will prove the Android fanboy that you are, so don’t throw stones son in glass houses.

          Let me refrase that, since you are the bottom of the barrel, Don’t light a match in you cardboard gas lined Apple knockoff.

          We love a good Troll here at Macdailynews, but son you just suck at it…

    4. Really strange then that Amazon didn’t use it till Apple did if its so generic and obvious. Apple created the market others jumping onboard and exploiting through a similar name should be confronted. Stupidly Apple didn’t cover their options in this case, but the motives were correct.

  4. Apple gets trumped again by a weaker rival. I’m curious about Apple’s win-loss ratio over lawsuits. It makes me wonder if Apple’s lawsuits are frivolous or does Apple just have a lousy team of lawyers. It’s hard for me to tell whether Apple is getting anything out of their lawsuits. I certainly can’t rely on internet information although it really doesn’t matter. Apple just needs to get back to selling lots of products as before and everything will be alright.

  5. Amazon had Apple by the orchids. Featured phones no longer included iPhones. Accessories up front were 3rd party. Let’s see if that now changes.

  6. Pardon my ignorance but does this mean Apple and Amazon have exclusive rights to the shared name ? or does this mean any company who wants to can use the term “App Store”

    1. Apple and Amazon entered into a covenant not to sue each other over the use of “App Store” and “Appstore”. The agreement is strictly between these two companies and has no bearing on any other company. Apple and Amazon can sue any company using those names.

    1. That’s not going to happen. Apple and Samsung are bitter rivals, and the moment Apple lets Samsung off the hook, Samsung will steal and copy even more.

      Heck, even Google was telling Samsung to stop copying so much.

  7. I stopped using Amazon after the CEO got political and favored gay marriage rights. That and I couldn’t get an item from amazon which matched the ad photo. Six items in a row did not match the photos. I was looking for specific items and item numbers and thought I found them there. Then I had to file BBB complaints to get amazon to refund shipping charges. But gooooo gay marriage! Pathetic and in line with left wing character everywhere.

  8. “App” and “App Store” are now in the vernacular. There’s no point in suing over it when it’s going to be used everywhere no matter what. I’m kind of surprised Apple bothered with this lawsuit in the first place.

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