Apple had filed a lawsuit against Amazon for using the term ‘Appstore’. The lawsuit filed in March 2011 has finally come to end. Amazon has been using the term Appstore for mobile application developer program. The firm is also planning to use the Appstore as an online shop for Android operating system based applications.
Now the fifth anniversary of Apple’s Appstore is soon approaching. Apple is advertising the anniversary through wall posters and giveaways and they have also decided to do away with the litigation. According to Apple, the usage of trademark would have resulted in unfair competition and mislead the customers. Apple spokesperson said that customers will get confused thinking that the application store from Amazon which has the Appstore name thinking that the store has been approved by Apple.
When Apple had filed the litigation, Amazon responded to them by stating that the app store is a generic term and it is not proper for Apple to raise issue on it. They also stated that not only Amazon but also other companies in the industry use the term app store for showcasing apps. Now Apple has issued a covenant to Amazon that they will not be continuing the lawsuit. Even Amazon’s counterclaim was also dismissed by the U.S. District Court for the Northern District of California.
Both Apple and Amazon were battling it out in the court until federal judge suggested them to dissolve the case before the forthcoming court date of August 19th. Mary Osako, spokesperson from Amazon stated that they are quite happy about the court’s decision on dismissing the case. The company now plans to concentrate on delivering most excellent appstore to the users and developers. Apple is yet to make any comment on court’s decision.
In its litigation, Apple had argued that both firms have online stores and Amazon also sells products from Apple. They said consumers may get confused when they come to see Amazon making use of Apple’s trademark ‘AppStore’ for downloading mobile apps.
The term Appstore has not been registered as a patent by Apple yet. In fact in 2008, Apple had tried registering Appstore as a trademark with U.S Patent and Trademark Office but Microsoft had objected on it by stating that the term which Apple wants to trademark is generic.
Amazon had always adhered to the point the term App Store is quite generic and the company also claimed that it did not use the term as a trademark but it only intended to let the customers know that the app store is a service where they can find Android apps.
Apple had filed the lawsuit citing issues like trademark breach and violation of Lanham Act, false promotion and unfair competition. We are not sure as to why Apple back off. Apple now maintains that they are not worried about the issue as they were before. Apples spokesperson said that they are not interested in pursuing the case against Amazon because Apple’s App Store has its own identity thanks to millions of apps onboard and over 50 billion downloads.