Wednesday, 10 July 2013 14:52

Apple, Amazon bury hatchet over App Store suit


The court case between Apple and Amazon over the App Store trademark has ended with a settlement between the companies that leaves Amazon free to continue using the Appstore name.

When Amazon launched its Appstore for Android, Apple almost immediately launched a trademark infringement and unfair competition suit against Amazon.

Apple had previously applied to register 'App Store' as a trademark, a move that Microsoft formally opposed on the grounds it was too generic.

Earlier this year, US District Judge Phyllis Hamilton granted Amazon's motion for partial summary judgment regarding the false advertising allegations, and even then things weren't looking too promising for Apple on the trademark front.

In part, that judgement said: "The mere use of 'Appstore' by Amazon to designate a site for viewing and downloading/purchasing apps cannot be construed as a representation that the nature, characteristics, or quality of the Amazon Appstore is the same as that of the Apple App Store."

Now, there are multiple reports, including those from Reuters and Bloomberg, that Judge Hamilton has dismissed the case at the request of the parties.

Apple has provided Amazon with a covenant that it will not sue over the latter's use of the term, so the trial scheduled for August will not go ahead.

Ars Technica quoted Apple spokesperson Kristin Huguet as saying "We no longer see a need to pursue our case.

"With more than 900,000 apps and 50 billion downloads, customers know where they can purchase their favourite apps."

We'll forgive any Amazon executive for thinking 'Apple folded.'

In May, Amazon expanded its Appstore to cover almost 200 countries.

Apple is currently celebrating the (its?) App Store's fifth anniversary.

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Stephen Withers

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Stephen Withers is one of Australia¹s most experienced IT journalists, having begun his career in the days of 8-bit 'microcomputers'. He covers the gamut from gadgets to enterprise systems. In previous lives he has been an academic, a systems programmer, an IT support manager, and an online services manager. Stephen holds an honours degree in Management Sciences and a PhD in Industrial and Business Studies.



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