Apple, Amazon Told to Settle App Store Trademark Dispute

By Khurram Aziz email: | Jan 17, 2013 04:46 PM EST

Share This Story

  • Print
  • Email

A judge in a U.S. District Court in California has told Apple and Amazon to meet to try to work out an agreement on who owns the "app store" name before the trademark case goes to court.

Judge Elizabeth Laporte ordered the two companies to meet in Mach, five months before the scheduled Aug. 19 trial, in a "good faith effort" to resolve the case.

Follow us

"No participant in the settlement conference will be permitted to leave the settlement conference before it is concluded," the order read.

Apple applied to register a trademark for both "App Store" and "Appstore" with the US Patent and Trademark Office in 2008. In April 2011 the Cupertino company filed a trademark suit against Amazon for trademark infringement after the internet retailer launched its Appstore for Android. The store is designed specifically to distribute apps for Amazon's Android-based Kindle devices. Apple later amended its claim, adding false advertising to the mix, but that was rejected by the Californians court at the beginning of the month.

Amazon argues that the term "App Store" is too generic and descriptive to be able to be trademarked. Apple already owns a trademark on "App Store" and "Appstore" in Europe, but even there it is being challenged by HTC, Nokia, Microsoft and Sony.

Laporte has ordered each company to hand her a confidential settlement conference statement by March 11 which spells out claims and defenses, a summary of the case, costs incurred and details on what each party is seeking.

"[The statement should also include] the party's position on settlement, including present demands and offers and a history of past settlement discussions," said the order.

Microsoft is also opposing Apple's "App Store" trademark application in the U.S. In 2012, both tech giants hired linguists to serve as experts in their appeal, with Microsoft claiming the words "App Store" were a generic compound noun, simply describing a "store at which apps are offered for sale," while Apple's linguist countered that the term "App Store" was a proper noun and deserved to be trademarked, even though the words are generic when separated.

Get the Most Popular Mobile&Apps Stories in a Weekly Newsletter

Join Our Conversation

The HTC logo is seen with different devices from the brand HTC M10 Perfume Launching A Month Later After MWC 2016
Lava Unleashes New P7 Device Into The Indian Market
New Disney Phone Coming To Japan
Xiaomi Locks Redmi Note 3, Mi 4c And Mi Note Pro; Others To Follow Suit?
Tablet / Laptop / PC
Dell Venue 7 and Venue 8 Dell unveils Venue 7 and Venue 8 Android 4.3 Jelly Bean tablets
Retina iPad Mini facing delays, may not launch until early next year
Refurbished 128GB iPad with Retina Display now available on the Apple Online Store
Samsung Galaxy Note 10.1 – 2014 Edition: Pricing and availability now official
Amazon Logo Amazon reportedly to launch ‘Firetube’ set-top box before 2013 holidays
Samsung Galaxy Note 3 and Galaxy Gear India launch: Pricing and availability
Samsung Galaxy Gear Android smartwatch now up for pre-order in Canada
Samsung Galaxy Gear 2 reportedly in the works already, may debut at CES or MWC 2014
OS / Software
HTC Logo HTC reportedly considering Android/Windows Phone dual-booting smartphone as Microsoft pushes for deeper Windows mobile integration
iOS 7 Chrome Incognito mode leaks private searches due to bug
Sprint HTC One Android 4.3 Jelly Bean already rolling out, AT&T, T-Mobile & Verizon to follow
Microsoft Windows 8.1 now available for pre-order
Internet / Social Media
Google Downtime Google blacks out for two minutes, causes 40 percent drop in world’s Internet traffic
Xbox Music web player is live and ready for Xbox Music Pass subscribers
Facebook Android app collected phone numbers even if users never logged in
Firefox 22 brings support for web video calls, 3D gaming, and Unreal Engine 3
What's App
ZTE's new lease program ZTE’s new Lease-to-own Program for Mobile Devices
LG’s G Pay to Take on Google, Samsung and Apple
Facebook: Taxes in the UK and a new Shopping tab
Samsung’s VR Headset to be Released at $99, Hulu Jumps Onboard with Apps Ready

Most Popular

© 2016 IBT Media Inc. All Rights Reserved.mobilenapps