U.S. District Judge Phyllis Hamilton in Oakland, Calif., ordered that the case be dismissed at both companies' request.
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.
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."Amazon spokeswoman Mary Osako said:
We're gratified that the court has conclusively dismissed this case. We look forward to continuing our focus on delivering the best possible appstore experience to customers and developers.The Amazon Appstore, an alternative mobile app marketplace for the Google Android operating system (apart from the Play Store), opened for business in March of 2011.
Amazon.com opened its own marketplace, in part, as it had so distinctly forked Android from the stock platform that it knew that access to Google apps and the Play Store would not be forthcoming. In addition, though, a marketplace embedded in its own Internet store encourages people to shop, which is the whole idea behind the Kindle Fire.
Soon after the Amazon Appstore's unveiling, Apple sued, saying Amazon.com's use of the term "appstore" could confuse and mislead consumers.
Amazon counter-argued that the term had become so generic that its use could not be characterized as false advertising or misleading to consumers.
Earlier, in January, U.S. District Court Judge Phyllis Hamilton threw out the portion of Apple's lawsuit which alleged false advertising.