Apple drops 'App Store' lawsuit against Amazon, says no need to pursue case
A two-year saga surrounding the use of the term "App Store" has come to an end with Apple dropping its lawsuit against e-retail giant Amazon ? a development that will allow both companies to use the term for their respective digital markets.
Apple and Amazon on Tuesday asked U.S. District Judge Phyllis Hamilton to dismiss Apple's lawsuit over the App Store name, according to Reuters. Apple promised Amazon that it would not file suit again over that company's own Appstore, and Amazon in turn dropped a related countersuit.
Apple initially filed the suit in 2011, claiming that Amazon's Appstore violated Apple's App Store trademark. The suit accused Amazon of using the similar name unlawfully in order to attract developers to its platform.
Now, though, Apple spokespersons are less adamant on the possibility of Amazon's offerings detracting from Apple's own store.
"We no longer see a need to pursue our case," an Apple spokesperson said. "With more than 900,000 apps and 50 billion downloads, customers know where they can purchase their favorite apps."
For the duration of the case, Amazon has held that the term was so generic that there was no possibility of confusion among consumers or developers, and thus no false advertising on Amazon's part. Amazon's Appstore supports its Kindle Fire devices, which run a forked version of Google's Android operating system and are not compatible with Apple's iOS mobile platform.
As recently as late June, the two companies appeared at an impasse, with neither willing to yield ground and approach a resolution. Previously, the court dismissed Apple's charge of false advertising and ordered the two into talks in order to resolve the issue.
Amazon representatives were pleased with the results of the case.
"We're gratified that the court has conclusively dismissed this case," Amazon spokeswoman Mary Osako said. "We look forward to continuing our focus on delivering the best possible appstore experience to customers and developers."
Apple and Amazon on Tuesday asked U.S. District Judge Phyllis Hamilton to dismiss Apple's lawsuit over the App Store name, according to Reuters. Apple promised Amazon that it would not file suit again over that company's own Appstore, and Amazon in turn dropped a related countersuit.
Apple initially filed the suit in 2011, claiming that Amazon's Appstore violated Apple's App Store trademark. The suit accused Amazon of using the similar name unlawfully in order to attract developers to its platform.
Now, though, Apple spokespersons are less adamant on the possibility of Amazon's offerings detracting from Apple's own store.
"We no longer see a need to pursue our case," an Apple spokesperson said. "With more than 900,000 apps and 50 billion downloads, customers know where they can purchase their favorite apps."
For the duration of the case, Amazon has held that the term was so generic that there was no possibility of confusion among consumers or developers, and thus no false advertising on Amazon's part. Amazon's Appstore supports its Kindle Fire devices, which run a forked version of Google's Android operating system and are not compatible with Apple's iOS mobile platform.
As recently as late June, the two companies appeared at an impasse, with neither willing to yield ground and approach a resolution. Previously, the court dismissed Apple's charge of false advertising and ordered the two into talks in order to resolve the issue.
Amazon representatives were pleased with the results of the case.
"We're gratified that the court has conclusively dismissed this case," Amazon spokeswoman Mary Osako said. "We look forward to continuing our focus on delivering the best possible appstore experience to customers and developers."
Comments
Now the question is, what will the USPTO do?
If you recall my previous posts on the topic, Apple's trademark application was opposed by Microsoft.
Both sides agreed to defer their arguments and the final decision, until after the Amazon trial.
Perhaps Apple will amend their application to read "iTunes App Store".
I'm glad Apple came to their senses.
What, Samsung can release an i-Pad now and Apple will be fine with it?!
It doesn't necessarily mean that they're ok with it just that it was a case that they were probably not going to win. I'm sure it wasn't a easy decision to reach and ultimately make.
Well, yeah.
But of course they were going to win.
Quote:
Originally Posted by Tallest Skil
What, Samsung can release an i-Pad now and Apple will be fine with it?!
Keep in mind, their trademark for "AppStore" was still under review. Maybe they have simply decided to change the name to something that will encompass iBooks, iTunes, and App Store all under one umbrella.
Time will tell...
I can't see Apple changing the the name after 5years of the App Store.
Quote:
Originally Posted by Tallest Skil
Well, yeah.
But of course they were going to win.
Awwwwe... is sumbuudy gwumpy their predicted $1000 stocks by summer not come to fruition?
Quote:
Originally Posted by RichL
I'm glad Apple came to their senses.
Whatever. Amazon uses the unwieldy "Amazon Appstore for Android", which I still consider a win for Apple. A bigger win is ending the 'dispute' outside the courtroom.
Called it on day one. This was a waste of time for all concerned.
Quote:
Originally Posted by bwik
Called it on day one. This was a waste of time for all concerned.
Oh, I don't know. Defending patents and trademarks is just one of the costs of doing business and those costs get passed along to consumers in the end.
Quote:
Originally Posted by Tallest Skil
The frick is THIS nonsense?! They stole the effing name.
What, Samsung can release an i-Pad now and Apple will be fine with it?!
I'm not a lawyer, just a normal everyday human being, App Store to me seems generic. iPad or iPhone or iBooks or iCloud are names of specific things that seems like they could be infringed upon.
App Store seems about as generic a term to me as a Book Store or Grocery Store. But you can qualify it by saying iTunes App Store or Amazon App Store to specify which app store you're talking about.
Apple won't be the one changing the name of their properties.
Happier now that someone so pathetic has come to his own ego's rescue.
Bet it was fun back when you had two accounts that would reply to one another, huh? Particularly since both accounts were anti-Apple on a pro-Apple website.
Useless fool.
Quote:
Originally Posted by Mazda 3s
I'm not a lawyer, just a normal everyday human being, App Store to me seems generic.
Kleenex also seems generic - thanks to Kimberly-Clark - but it's not.
Quote:
Originally Posted by Cpsro
Kleenex also seems generic - thanks to Kimberly-Clark - but it's not.
That to me is different.
App is short for Application. Its nothing unique as the term Kleenex "was" back in the day.
App Store is to Application Store as Gas Station is to Gasoline Station.
Quote:
Originally Posted by Tallest Skil
Apple won't be the one changing the name of their properties.
Happier now that someone so pathetic has come to his own ego's rescue.
Bet it was fun back when you had two accounts that would reply to one another, huh? Particularly since both accounts were anti-Apple on a pro-Apple website.
Useless fool.
To the largest Apple Fanboi zealot the world has known - objectivity would seem 'anti-Apple'.
Quote:
Originally Posted by SpamSandwich
Oh, I don't know. Defending patents and trademarks is just one of the costs of doing business and those costs get passed along to consumers in the end.
Apple was trying to act on trademark of the word "Store." They were a thousand years late. App, also not an Apple trademark. And there you have it.
Can Apple afford to do stupid things, sure, not worried about their finances just yet.
Quote:
Originally Posted by KDarling
Now the question is, what will the USPTO do?
If you recall my previous posts on the topic, Apple's trademark application was opposed by Microsoft.
Both sides agreed to defer their arguments and the final decision, until after the Amazon trial.
Perhaps Apple will amend their application to read "iTunes App Store".
Sorry, nobody recalls your previous posts because nobody cares what you say. You think you'd take the hint by now.
Quote:
Originally Posted by RichL
I'm glad Apple came to their senses.
Yes, and no. This is one time when I personally am glad Apple took Amazon to court. While the mark AppStore might not pass the test of uniqueness, Amazon made it *personal* by deliberately using the essentially the same name. Bezos lost a chunk of the healthy respect I held for him.
Quote:
Originally Posted by Tallest Skil
The frick is THIS nonsense?! They stole the effing name.
Apple was not the first to try to trademark that name. In fact, they filed an opposition against another company (*) who had already been approved for "AppStore", just as Microsoft later filed an opposition against Apple for "App Store".
(*) The CEO of the other company claims he offered the trademark to Jobs, but Apple did not take ownership of his mark. Instead they filed an opposition and their own application.
Quote:
What, Samsung can release an i-Pad now and Apple will be fine with it?!
Of course not. iPad is not (as) merely descriptive as App Store is.
Re: the trial. Apple saw the writing on the wall. The judge had asked how smartphone users could get confused, since iOS users are not allowed to download apps from any store but Apple's, and Amazon users cannot shop at the iTunes App Store.
In other words, there is absolutely no possibility that an iOS user could accidentally buy an iOS app at Amazon, or vice versa. It's like having two places called "Pet Store", but one only carries pet bird stuff and other only sells pet fish things.