News / Science & Technology

Apple, Amazon End 'App Store' Lawsuit

Apple logo
Apple logo
Reuters
Apple Inc and Amazon.com Inc have ended their lawsuit over who has the right to use the “app store” name, clearing the way for both companies to use it.
 
U.S. District Judge Phyllis Hamilton in Oakland, California, on Tuesday ordered that the case be dismissed at the companies' request, averting a trial that had been scheduled for August 19.
 
This came after Apple issued to Amazon a covenant not to sue over the online retailer's use of the term, eliminating the need for Amazon to pursue a counterclaim seeking permission.
 
Apple began selling applications for mobile devices via its App Store service in July 2008. Amazon launched Amazon Appstore for Android in March 2011. Apple began the lawsuit that month.
 
“We no longer see a need to pursue our case,” Apple spokeswoman Kristin Huguet said. “With more than 900,000 apps and 50 billion downloads, customers know where they can purchase their favorite apps.”
 
Martin Glick, a lawyer for Amazon, said in an interview, “This was a decision by Apple to unilaterally abandon the case, and leave Amazon free to use 'appstore.”'
 
“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.”
 
In its lawsuit alleging trademark violations and false advertising, Apple accused Amazon of misusing the “app store” name in connection with the sales of apps for Android devices and the Kindle Fire, a tablet that competes with Apple's iPad.
 
Amazon countered that the term “app store” had become so generic that using it would not mislead customers.
 
It said in a court filing that even Apple Chief Executive Tim Cook had used the term generically, in discussing “the number of app stores out there,” while his predecessor Steve Jobs had talked about the “four app stores on Android.”
 
Hamilton dismissed Apple's false advertising claim in January.
 
Later that month, the U.S. Supreme Court unanimously barred a small company, Already LLC, from trying to void Nike Inc's trademark for a line of basketball sneakers, after Nike issued a covenant not to pursue its own infringement lawsuit.
 
The court said allowing Already's counterclaim could encourage litigation and discourage innovation.
 
Apple is based in Cupertino, California, and Amazon in Seattle.
 
The case is Apple Inc v. Amazon.com Inc et al, U.S. District Court, Northern District of California, No. 11-01327.

You May Like

Ebola Death Toll Nears 5,000 as Virus Advances

West Africa bears heaviest burden; Mali toddler’s death raises new fears More

Jordan’s Battle With Islamic State Militants Carries Domestic Risks

Despite Western concerns that IS militants are preparing a Jordanian offensive, analysts call the kingdom's solid intel a strong deterrent More

Asian-Americans Assume Office in Record Numbers

Steadily deepening engagement in local politics pays off for politicians like Chinese-American Judy Chu More

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
Talks to Resume on Winter Gas for Ukrainei
X
Al Pessin
October 25, 2014 4:21 PM
Ukrainian and Russian officials will meet again next week in an effort to settle their dispute over natural gas supplies that threatens to leave Ukraine short of heating fuel for the coming winter. VOA’s Al Pessin reports from London the dispute is complex, and has both economic and geopolitical dimensions.
Video

Video Talks to Resume on Winter Gas for Ukraine

Ukrainian and Russian officials will meet again next week in an effort to settle their dispute over natural gas supplies that threatens to leave Ukraine short of heating fuel for the coming winter. VOA’s Al Pessin reports from London the dispute is complex, and has both economic and geopolitical dimensions.
Video

Video Smugglers Offer Cheap Passage From Turkey to Syria

Smugglers in Turkey offer a relatively cheap passage across the border into Syria. Ankara has stepped up efforts to stem the flow of foreign fighters who want to join Islamic State militants fighting for control of the Syrian border city of Kobani. But porous borders and border guards who can be bribed make illegal border crossings quite easy. Zlatica Hoke has more.
Video

Video Comanche Chief Quanah Parker’s Century-Old House Falling Apart

One of the most fascinating people in U.S. history was Quanah Parker, the last chief of the American Indian tribe, the Comanche. He was the son of a Comanche warrior and a white woman who had been captured by the Indians. Parker was a fierce warrior until 1875 when he led his people to Fort Sill, Oklahoma, and took on a new, peaceful life. As VOA’s Greg Flakus reports from Cache, Oklahoma, Quanah’s image remains strong among his people, but part of his heritage is in danger of disappearing.
Video

Video China Political Meeting Seeks to Improve Rule of Law

China’s communist leaders will host a top level political meeting this week, called the Fourth Plenum, and for the first time in the party’s history, rule of law will be a key item on the agenda. Analysts and Chinese media reports say the meetings could see the approval of long-awaited measures aimed at giving courts more independence and include steps to enhance an already aggressive and high-reaching anti-corruption drive. VOA’s Bill Ide has more from Beijing.
Video

Video After Decades of Pressure, Luxembourg Drops Bank Secrecy Rules

European Union finance ministers have reached a breakthrough agreement that will make it more difficult for tax cheats to hide their money. The new legislation, which had been blocked for years by countries with a reputation as tax havens, was approved last week after Luxembourg and Austria agreed to lift their vetoes. But as Mil Arcega reports, it doesn’t mean tax cheats have run out of places to keep their money hidden.
Video

Video Kobani Refugees Welcome, Turkey Criticizes, US Airdrop

Residents of Kobani in northern Syria have welcomed the airdrop of weapons, ammunition and medicine to Kurdish militia who are resisting the seizure of their city by Islamic State militants. The Turkish government, however, has criticized the operation. VOA’s Scott Bobb reports from southeastern Turkey, across the border from Kobani.
Video

Video US ‘Death Cafes’ Put Focus on the Finale

In contemporary America, death usually is a topic to be avoided. But the growing “death café” movement encourages people to discuss their fears and desires about their final moments. VOA’s Jerome Socolovsky reports.
Video

Video Ebola Orphanage Opens in Sierra Leone

Sierra Leone's first Ebola orphanage has opened in the Kailahun district. Hundreds of children orphaned since the beginning of the Ebola outbreak face stigma and rejection with nobody to care for them. Adam Bailes reports for VOA about a new interim care center that's aimed at helping the growing number of children affected by Ebola.

All About America

AppleAndroid