A California judge today sided with Amazon and its attempt toin a lawsuit involving the use of "app store" in marketing materials.
In an order today, U.S. District Court Judge Phyllis Hamilton granted Amazon's motion for a summary judgment to remove a part of the complaint that involved false advertising claims against it.
The case is the latest between Apple and another company over the rights to use "App Store" and "Appstore." Apple owns the rights to both marks in Europe, but not the U.S., where its trademark application for App Store is pending approval. An effort by Microsoft, HTC, Nokia, and Sony Ericsson in May 2011 sought to invalidate Apple's trademarks in Europe.
The case is scheduled to go to trial this August.