Apple ends litigation against Amazon.com over its use of 'Appstore'

Apple had alleged that Amazon.com's use of the Appstore term violated its rights

A lawsuit filed by Apple over Amazon.com's use of the term "Appstore" has ended after Apple decided to withdraw the case.

Apple filed the suit in March 2011, objecting to Amazon's use of "Appstore" for its mobile software developer program and its plans to use the term for its online store of applications for devices using the Android mobile operating system. The Cupertino, California, company claimed among other things that it had common law trademark rights in the "App Store" mark under California law.

Apple issued to Amazon a covenant not to sue and wishes to have the complaint dismissed with prejudice, Judge Phyllis J. Hamilton of U.S. District Court for the Northern District of California said in her order Tuesday. Amazon.com's counterclaim for declaratory relief of non-infringement was also dismissed.

"We're gratified that the court has conclusively dismissed this case," Amazon spokeswoman Mary Osako said via email. "We look forward to continuing our focus on delivering the best possible appstore experience to customers and developers."

Apple could not be immediately reached for comment on its decision to end the case.

One of Apple's arguments in the lawsuit was that as both companies sell through the Internet, and Amazon also offers products from Apple, consumers may be confused when they find Amazon using Apple's mark for a mobile download service.

The term "App Store" figures in a list of service marks on Apple's website. Service marks are used for services, in the manner that trademarks are used for products.

Apple's bid to register the mark in 2008 with the U.S. Patent and Trademark Office was opposed by Microsoft which claimed that the mark could not be registered as it was generic, the Judge noted when she denied Apple's motion for a preliminary injunction on Amazon.com's use of the term "Appstore" in 2011.

Amazon asserted that the "App Store" mark was generic, and it did not use "Appstore" as a trademark, but simply to tell the customer that the service is an app store, and that it offers apps for Android.

Apple alleged causes of action for the lawsuit were: trademark infringement and dilution under the Lanham Act, common law trademark infringement, dilution under the California Business and Professions Code, unfair competition and false advertising.

John Ribeiro covers outsourcing and general technology breaking news from India for The IDG News Service. Follow John on Twitter at @Johnribeiro. John's e-mail address is john_ribeiro@idg.com

Join the newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection

Tags Appleamazon.come-commerceintellectual propertylegalinternet

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

John Ribeiro

IDG News Service
Show Comments

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

George Khoury

Sharp PN-40TC1 Huddle Board

The biggest perks for me would be that it comes with easy to use and comprehensive programs that make the collaboration process a whole lot more intuitive and organic

David Coyle

Brother PocketJet PJ-773 A4 Portable Thermal Printer

I rate the printer as a 5 out of 5 stars as it has been able to fit seamlessly into my busy and mobile lifestyle.

Kurt Hegetschweiler

Brother PocketJet PJ-773 A4 Portable Thermal Printer

It’s perfect for mobile workers. Just take it out — it’s small enough to sit anywhere — turn it on, load a sheet of paper, and start printing.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?