“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..
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Still wrong! Stupid judges. Amazon riding on Apple Coattails and profiting from it.
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.
The judge had nothing to do with it. Apple, the plaintiff, requested the lawsuit be dismissed. The judge just accepted the parties’ request.
Apple wants to focus on what’s important and not give anymore free publicly.
Nice li’l dig by the Apple legal team though 😉
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”?
The entire lawsuit was because Amazon was using “Appstore” to label their app store.
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.
So a company shouldn’t try to protect their IP?
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.
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.
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
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?
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.
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.
I would agree that “Appstore” is just about as generic as “1-Click.”
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.
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.
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…
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.
Too bad Apple couldn’t end up in front of Judge Judy. Things might have been different?
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.
Apple wasn’t “trumped.” Apple decided to drop the lawsuit because it decided there was no benefit to continuing it.
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.
Hate to tell you but if Apple completely stopped selling their gear on Amazon it would do far more damage to Amaxin than Apple.
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”
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.
Now i wish Apple end the stupid lawsuit against Samsung.
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.
Samsung will build big building next to Google and Apple according to the news on ABC channel.
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.
Amazon has plenty of problems. Supporting love between two human beings isn’t one of them. 😯
“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.
Very bad. They should have punched Amazon to the ground on this. No creativity on their own. Gotta leach on others.