Following the launch of Amazon’s Kindle Fire tablet last year, Apple filed a lawsuit accusing Amazon of misusing its “App Store” name to solicit developers for a mobile software download service. Today, Amazon has asked a federal judge to throw out Apple’s false claims saying that the term “App Store” has become so generic that its use could not constitute false advertising, reports Reuters.
Apple complained that Amazon called its app store “Amazon Appstore” rather than “Amazon Appstore for Android”, which according to the Cupertino company could have contribute to confusion among consumers. But in a filing on Wednesday with the U.S. District Court in Oakland, California, Amazon said that even Apple Chief Executive Tim Cook and his predecessor Steve Jobs have used the term to discuss rivals, with Cook having commented on “the number of app stores out there” and Jobs referring to the “four app stores on Android.”
“Apple presumably does not contend that its past and current CEOs made false statements regarding to those other app stores to thousands of investors in earnings calls,” Amazon said.
“To the contrary, the use of the term ‘app store’ to refer to stores selling apps is commonplace in the industry.”
Kristin Huguet, an Apple spokeswoman, declined to comment.
A hearing on Amazon’s motion is scheduled for October 31 and a trial is scheduled for next year in August.