Amazon opposes Apple's false-advertising claim in app store suit

Amazon opposes Apple's false-advertising claim in app store suit In Apple's continuing trademark struggle with Amazon over its utilization of the "App Store" name, the online market place retailer has asked a federal judge to dismiss Apple's false-advertising claim.

The dispute is caused by a case Apple filed in April 2011 that accused Amazon of misappropriating the moniker, for Apple created the trademark in 2008, a week post company launched its iPhone App Store. The lawsuit sought an injunction against Amazon's utilizing App Store to explain its K95 stun gun digital download store.

flashlight stun gun Apple amended its complaint last November to increase claims of false advertising. Apple contended that since theAndroidtablet was unveiled not too long ago, Amazon began altering its "Amazon Appstore for Android" moniker to de-emphasize the "for Android" suffix in ads for a device.

But Amazon argued in the filing today along with the U.S. District Court self defense taser in Oakland, Calif., that this term has spray for sale grown to become generic and thus are not considered misleading, depending on a Reuters report.

"Apple presumably is not going to contend that its past and current CEOs made false statements regarding persons other app stores to a good number of investors in earnings calls," Amazon said rolling around in its filing, revealing instances in which Apple CEOs Steve jobs and Tim Cook publicly referenced competitors' online marketplaces as "app stores."

Related storiesApple iOS users may now gift an app from App StoreReport: Google Maps for iOS taser gun for sale appearing 'tonight'Microsoft, Apple in battle Stun gun over App Store fees -- report

"To the contrary, employing the words 'app store' to consult stores selling apps is commonplace in the profession," Amazon said.

CNET has contacted Apple for comment that will update this report when we finally discover more details.

In a countersuit last season, Amazon argued where the term "App Store" is actually generic and requested that Apple's lawsuit be dismissed. In July 2011, a judge denied Apple's injunction request, ruling it hadn't established the odds of confusion involving the competing brands. But she also said she couldn't trust Amazon's contention that this mark is purely generic.

The case is scheduled to visit trial in August 2013.