As Apple continue its fight to trademark its App Store moniker, Amazon has struck back by asking a judge to dismiss Apple’s claim that it engaged in false advertising with its own Amazon Appstore for Android, Reuters reports.
The Cupertino, California company had alleged that Amazon’s decision to drop the “for Android” bit when promoting its store could lead to customer confusion. However, Amazon argues that the term is now generic and therefore not misleading.
“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 in a filing, referencing instances where the late Steve Jobs and Apple CEO Tim Cook called non-Apple marketplaces “app stores”.
Apple has faced substantial opposition in its efforts to trademark its App Store. In addition to Amazon, Microsoft has opposed the claim by also countering that the term is now generic. The two have traded legal filings, even going so far as to dither over the font size of their motions.
Amazon opened its app store for business last March and has gradually been building it out as it has developed its hardware strategy, which now includes tablets as well as e-readers. Though Apple sought an injunction against Amazon over its contested mark, its motion was denied.
Earlier this week, Amazon added a device targeting feature to its Appstore in an effort to reduce fragmentation on its storefront. Developers can now submit different application binaries to the marketplace in order to accommodate different devices, such as the Kindle Fire HD versus the Kindle Fire.