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Apple & Amazon End their "App Store" Trademark Battle

1. Cover - Apple & Amazon Settle App Store War
Apple filed for the App Store trademark back in July 2008. Apple kept updating their trademark application to add new coverage like ibooks but never received a registered certificate for it. Many companies over the years had officially opposed Apple's trademark application including Microsoft, Nokia and Amazon. In January of this year we posted a report titled "Judge Orders Apple & Amazon to Settle App Store Case." Today, the drama ends as Apple and Amazon have officially 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 spokeswoman Kristin Huguet stated that they "no longer see a need to pursue our case. 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.


Apple's "App Store" Trademark Application was Never Registered


2. Apple's App Store TM Application was never Certified. Case now dismissed


Order Dismissing Action


Dismissal of Apple-Amazon "App Store" Lawsuit



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