In its recent filing with the U. S. District Court in Oakland, California, online retail giant Amazon has sought the dismissal of Apple's false advertising claim in the March 2011 lawsuit pertaining to the `App Store' trademark.

Adding the trademark claim to the lawsuit in November last year, Apple had said in its complaint that, after Amazon's announcement of the release of its Kindle Fire tablet, the name of retailer's app store had been changed from `Amazon Appstore for Android' to simply `Amazon Appstore.'

With Apple having accused Amazon of misuse of its `App Store' trademark for soliciting developers for a mobile software download service and for removing the emphasis on the `for Android' suffix in its Kindle Fire ads, Amazon has argued in its recent filing that the term `App Store' is so widely used that it has become generic, and, hence, cannot be considered misleading.

Noting that the "use of the term 'app store' to refer to stores selling apps is commonplace in the industry," Amazon said in its filing that there have been instances in which Apple's CEOs Steve Jobs and Tim Cook had themselves used the term `app stores' to refer to the online marketplaces of Apple's rivals.

Requesting a federal judge to dismiss Apple's false advertising claim, Amazon said: "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."