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Apple, Amazon Fail to Settle ‘App Store’ Trademark Case

Apple Inc. and Inc. failed to settle a trademark-infringement lawsuit over Amazon’s use of “app store” after two rounds of talks in a case scheduled for trial in August.

Lawyers for the companies spoke by phone for 45 minutes on June 14 and an all-day meeting was held on May 1 that included BJ Watrous, Apple’s chief intellectual property attorney, and Andrew DeVore, Amazon’s assistant general counsel, according to filings in federal court in Oakland, California. Neither meeting resulted in settlement, according to the filings, which didn’t have details about the talks. A trial is set for Aug. 19.

Apple, based in Cupertino, California, is seeking a court order to block Amazon from using the term Appstore in its service to sell software for devices running Google Inc.’s Android operating system. Apple alleges the online retailer infringes its trademark and violates unfair competition laws.

Apple started its App Store in 2008. Seattle-based Amazon, which started its service in March 2011, says the term is a generic one that Apple doesn’t have exclusive rights to.

David Eberhart, an Apple attorney, didn’t immediately respond to an e-mail seeking comment on the case. Marty Glick, a lawyer for Amazon, had no comment.

The case is Apple Inc. v. Inc., 11-cv-01327, U.S. District Court, Northern District of California (Oakland).

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