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

The Internet retail giant argues that the moniker has become generic and claims there is no risk of customer confusion.

In Apple's continuing trademark battle with Amazon over its use of the "App Store" name, the Internet retailer has asked a federal judge to dismiss Apple's false-advertising claim.

The dispute stems from a lawsuit Apple filed in April 2011 that accused Amazon of misappropriating the moniker, for which Apple applied for the trademark in 2008, a week after the company launched its iPhone App Store. The lawsuit sought an injunction against Amazon's use of App Store to describe its digital download store.

Apple amended its complaint last November to include claims of false advertising. Apple contended that since the Android tablet was unveiled a year ago, Amazon began altering its "Amazon Appstore for Android" moniker to de-emphasize the "for Android" suffix in ads for the device.

But Amazon argued in a filing today with the U.S. District Court in Oakland, Calif., that the term has become generic and as a result can't be considered misleading, according to a Reuters report.

"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 its filing, referring to instances in which Apple CEOs Steve Jobs and Tim Cook publicly referred to competitors' online marketplaces as "app stores."

"To the contrary, the use of the term 'app store' to refer to stores selling apps is commonplace in the industry," Amazon said.

CNET has contacted Apple for comment and will update this report when we learn more.

In a countersuit last year, Amazon argued that the term "App Store" is too generic and requested that Apple's lawsuit be dismissed. In July 2011, a judge denied Apple's injunction request, ruling it had not established the likelihood of confusion between the competing brands. But she also said she did not agree with Amazon's contention that the mark is purely generic.

The case is scheduled to go to trial in August 2013.