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Apple, Amazon end lawsuit over 'app store'

A lawsuit between Apple and Amazon [corporate websites] concerning the rights to use the term "app store" was dismissed Tuesday at the request of both companies. The decision to end the case leaves the path open for both companies to use the name freely, and was reached after Apple promised not to sue Amazon for using the name. Apple filed the lawsuit [complaint, PDF] in 2011 when Amazon began using the name "App Store," which Apple had been using since 2008. At this time, a spokesperson from Apple said [Reuters report] that the company saw no need to continue with the case, given their customers' widespread understanding of where to find apps. The case had been scheduled to go to trial on August 19 before District Judge Phyllis Hamilton in Oakland, California.

A federal judge dismissed a false advertising claim [JURIST report] that was a part of Apple's lawsuit against Amazon in January, saying that Apple had failed to prove that Amazon had willingly misled customers by using the term "App Store." The ruling applied only to Apple's false advertising claim, and Apple's other claims, including trademark infringement, were not dismissed at that time.

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

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