Apple have decided to withdraw their case against Amazon over the use of the ‘AppStore’ name. Apple originally filed the case in March 2011 complaining that Amazon were using the term ‘AppStore’ for their mobile software developer program and its plans to use the term for the online store of applications for devices which used the Android operating system.
Apple claimed that they had common law trademark rights for ‘AppStore’ under California law.
Apple have dismissed their complaint against Amazon according to Judge Phyllis J. Hamilton of U.S. District Court for the Northern District Of California. Amazon’s counterclaim for ‘declaratory relief of non infringement’ was also dismissed.
Amazon spokesperson Mark Osako said via email “We’re gratified that the court has conclusively dismissed this case, We look forward to continuing our focus on delivering the best possible appstore experience to customers and developers.”
At the time of the original complaint Apple said that consumers may be confused over the AppStore name. The Term ‘App Store’ is part of a list of service marks on Apple’s website.
Microsoft argued against Apple’s bid to register the mark in 2008 as they said the term was too generic to register. Amazon also said that the ‘App Store’ term was generic and said they did not use ‘AppStore’ as a trademark, but simply to tell the customer that the service is a store for applications, servicing Android.
Kitguru says: Apple perhaps felt they couldn’t win this one.