In mommy and daddy have stopped fighting news, Apple and Amazon have both requested that a lawsuit over the use of the term “app store” be dismissed.
More specifically, Apple has agreed not to sue Amazon over their use of the term “appstore,” which means that Amazon no longer has a reason to pursue the ability to use it in court. Apps are sold in app stores, or appstores, or whatever – it’s a generic term, and it seems like everyone involved can now agree on that.
The whole thing began when Amazon launched the Amazon Appstore for Android back in 2011. Apple quickly filed a claim, accusing Amazon of both trademark violations and false advertising. Basically, Apple claimed to own the term “app store.”
Or, in the exact words from Apple’s suit:
“[Amazon’s Appstore] misrepresents the nature, characteristics and qualities of Amazon’s mobile download service and/or deceives or has a tendency to deceive a substantial segment of consumers into believing that Amazon’s service has the nature, characteristics, and/or qualities of Apple’s APP STORE service.”
As you would expect, Amazon had a counterclaim ready. They alleged that the term “appstore” is generic, simply signifying a place to purchase and download apps.
Back in January, judge Phyllis Hamilton sided with Amazon on the false advertisement charges.
“Apple has failed to establish that Amazon made any false statement (express or implied) of fact that actually deceived or had the tendency to deceive a substantial segment of its audience,” said Hamilton in her ruling.
But other claims remained (trademark violation). Now, nearly six months after that ruling, the Hamilton has ordered the case dismissed.
“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 favorite apps,” said an Apple spokeswoman in a statement.
So, Apple will have their App Store and Amazon will have their Appstore. Case closed.[via Reuters]