Amazon and Apple have agreed to settle a long-standing trademark infringement lawsuit over the use of the term "app store." US District Court Judge Phyllis Hamilton in Oakland, California, ordered to dismiss the case after Apple said they would no longer pursue Amazon over the matter according to a report from Reuters. A trial had been set for August 19 which of course will no longer be necessary.

Speaking to reporters after the decision, a lawyer for Amazon said it was a decision by Apple to unilaterally abandon the case while Apple countered that they no longer needed to pursue legal action as customers have clearly spoken in their preference for the Apple App Store. Apple spokesperson Kristin Huguet noted that with more than 900,000 apps and 50 billion downloads, customers know where they can purchase their favorite apps.

If you recall, Apple filed a lawsuit against Amazon in March 2011 just a few days after Amazon launched its Android App Store. The Internet retailer opened with nearly 3,800 free and paid apps but Apple was quick to counter, claiming the use of "app store" was simply too similar to their use of the same phrase to describe their digital marketplace.

Amazon replied that the "app store" name was unprotectable because its use was too generic and decided to fight it out in court.

Despite the similar name, confusing the two app stores would be pretty difficult considering Apple sells iOS apps while Amazon specializes in apps for Google's Android platform.