Amazon and Apple end 2 year scrap over 'app store' name

Google and Amazon have chosen to end their two year lawsuit over the right to use the name "app store," clearing the way for both companies to use the term.

US District Judge Phyllis Hamilton signed the case dismissal order in Northern California this week at the request of the two companies, avoiding a trial that had been set for 19 August.

The case began in March 2011 when Amazon launched Amazon Appstore for Android. Apple argued that Amazon's use of the term 'Appstore' was trademark infringement and false advertising. Apple's App Store was launched in 2008.

Amazon countered the claim by saying that the term "app store" had become generic, so using it would not deceive customers.

The company argued that even Apple CEO Tim Cook had used the term generically, when commenting that there are a "number of app stores out there," while Steve Jobs had previously mentioned the "four app stores on Android."

The court had earlier ruled that Apple failed to prove that Amazon is misleading customers by using the name. Apple has now agreed not to pursue the case, meaning that there is no need for Amazon to counterclaim in order to gain the right to use the term.

"We're gratified that the court has conclusively dismissed this case," Amazon said in a statement. "We look forward to continuing our focus on delivering the best possible appstore experience to customers and developers."

Apple spokeswoman Kristin Huguet said: "We 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."