ONLINE BOOKSELLER Amazon is petitioning to have Apple's accusation of false advertising thrown out of court.
Amazon has asked a US federal judge to drop Apple's false advertising claim in a lawsuit that challenges its use of the term "app store", Reuters reports.
While Apple has complained that Amazon's decision to name its store, "Amazon Appstore" is confusing to customers used to associating that term with its own marketplace, the bookseller challenges that this is not the case.
Instead, it argues, even Apple CEOs have suggested that the term is now commonplace or generic.
"Apple presumably does not contend that its past and current CEOs made false statements regarding those other app stores to thousands of investors in earnings calls," it says in its filing.
"To the contrary, the use of the term 'app store' to refer to stores selling apps is commonplace in the industry."
In May Apple was arguing the opposite, saying that the term was very much the opposite of generic.
"Apple denies that, based on their common meaning, the words 'app store' together denote a store for apps," it said in a filing in a California federal court.
Apple is apparently concerned that some of its users will confuse the two stores. Amazon's is pitched at Android devices, and Apple fears that some of its customers might spend time trying to download incompatible software onto its hardware that uses its own IOS operating system instead.
We have asked both firms to comment. µ