Amazon.com, Inc. (NASDAQ:AMZN) has asked a federal judge in California to throw out a false advertising claim by Apple Inc. (NASDAQ:AAPL). Apple claims that Amazon’s use of the term “Appstore” confuses application developers and consumers, thus amounting to false advertising. Plus its use violates Apple’s “App Store” trademark.
Amazon’s filing on Wednesday focused on throwing out the false advertising part of Apple’s complaint. Among other things, Amazon contends that the term app store has become so generic that Amazon’s use of it could not be considered to be false advertising. It also noted that top Apple executives including Steve Jobs have used the term when referring to other companies’ “app stores”. Were they guilty of making misleading statements?
A hearing on this motion by Amazon is scheduled for October and a trial on Apple’s full complaint is scheduled for the middle of next year.