Amazon, Apple Settle ‘App Store’ Lawsuit Out Of Court Before It Even Begins

No, really. You're done. Honest.

No, really. You’re done. Honest.

Well, that’s exciting! Apple and Amazon have apparently settled their differences over who can use the “App Store” name, making it possible for one or both companies to use it in their business.

US District Judge, Phyllis Hamilton, ordered today that the case be dismissed, as requested by both Cupertino-based Apple and Seattle-based Amazon. The trial, originally scheduled for August 19, will no longer occur.

The settlement came after Apple sent Amazon a promise not to sue over Amazon’s use of the app store term, which allowed Amazon to skip seeking a counterclaim on the term.

Apple’s App Store launched July 10, 2008, while the Amazon App Store came online in March of 2011, which is when Apple began the lawsuit.

Apple’s spokeswoman 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.”

Take that, Amazon!

For their part, the online retailer’s lawyer, Martin Glick, said, “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,” said Amazon spokeswoman Mary Osako, echoing Glick’s statement. “We look forward to continuing our focus on delivering the best possible appstore experience to customers and developers.”

Originally, Apple accused Amazon of trademark violation and false advertising, and of misusing the app store name to sell apps on Amazon’s own Android market place. Amazon’s Kindle Fire competes directly with Apple’s own iPad, making the suit understandable from a legal perspective.

Amazon has always maintained that the term “app store” was so generic that no one was misled. It even noted that Apple CEO Tim Cook used the term generically when he referred to “the number of app stores out there,” and that even Steve Jobs talked about the “four app stores on Android.”

Luckily, Apple has come around, and Amazon is completely happy with letting that happen. No word on whether there were any back room deals, but this one seems fairly cut and dried. Bravo, corporations!