• by Mark Walsh  @markfwal, July 9, 2013

Apple and Amazon have ended their legal battle over the right to use the term “app store,” allowing both companies to use it.

The move comes as Apple prepares to mark the fifth anniversary of its App Store on Wednesday. The tech giant had tried to block Amazon from using the “app store” name when it launched its Amazon Appstore for Android in 2011.

A California federal judge on Tuesday ordered the trademark case be dismissed at the companies’ request, averting a trial set for August 19. The court had dismissed Apple’s false advertising claim in the case earlier this year.

"We no longer see a need to pursue our case," an Apple spokesperson said. "With more than 900,000 apps and 50 billion downloads, customers know where they can purchase their favorite apps." Of course, that statement begs the question of why they brought the lawsuit two years ago when the App Store had a mere 350,000 apps and more than 10 billion downloads.