Apple & Amazon drop legitimate scuffle over the Appstore mark and a legal claim filed by the Apple over the Amazon.com’s use of term ‘’Appstore’’ has terminated after the Apple categorically decided to withdraw the case.
Apple filed this suit in the March 2011, objecting to the Amazon’s use of the term ‘’Appstore’’ for its mobile software developer program & its strategy to use this term for online store of apps for the devices using the Android operating system. The California, Cupertino company filed legal suit among other things which it had joint law trademark rights in ‘’App Store’’ mark under the California law.
Apple issued to the Amazon an agreement not to prosecute and desires to have the complaint dismissed with the prejudice, Judge Phyllis J. Hamilton of the U.S. District court of the California said in order Tuesday. Amazon.com’s counterclaim for the declaratory relief of the non infringement was also discharged.
‘’ We are satisfied that the court has decisively dismissed this case,’’ Amazon narrator Mary Osako said through the email.’’We are very keen in continuing our focus on providing the best appstore experience to the customers and developers.’’
Apple could not be instantly reached for the comment on its verdict to end this case. One of the Apple’s opinions in the lawsuit was that as the both companies trade through the internet, Amazon also comprises products from the Apple, buyer may be confused when they discover Amazon using the Apple’s name for the mobile download service.
The term ‘’App Store’’ statistics in a list of service marks on the Apple’s website. Service names are used for the services, in a way that trademarks are used for the products.
Apple’s attempt to register the name in 2008 with the United States trademark and patent office was opposed by the Microsoft which sued that the name could not be recorded as it was generic, the Magistrate noticed when she denied the Apple’s motion for the preliminary injunction on the Amazon.com’s use of the term ‘’Appstore’’ in the 2011.
Amazon stated that ‘’ App Store’’ mark was generic, and it didn’t use the ‘’Appstore’’ as the trademark. But factually to tell the buyer that the service is an App store, and that it deals apps for the Android.
Apple unproven causes of the action for the lawsuit were: the trademark infringement & dilution under the Lanham Act, a common legal trademark infringement, dilution under the Professions code and California Business, false advertising and unfair competition.