However U.S. District Judge Phyllis Hamilton rejected part of Apple Inc's lawsuit against Amazon.com Inc's use of the term App Store, ruling Apple cannot bring a false advertising claim against the online retailer. Apple had levelled other claims against Amazon, including trademark infringement and apparently these are still to be decided. The lawsuit comes as Amazon has been successfully challenging Apple. It launched its cheaper Kindle tablet computer which has been giving the dominant iPad a good kicking. Amazon also made a mockery of Apple’s awful iPad mini.
Apple followed the same programme it has been using against Android. If you can’t compete with decent products that people want, sue the arse off the competitor. Apple accused Amazon of misusing what it calls its App Store to solicit developers for a mobile software download service. Amazon said the term Appstore is so generic that its use could not constitute false advertising.
To make matters worse Steve Jobs and Tim Cook have both used the term generically. Cook commented on "the number of app stores out there" and Jobs referred to the "four app stores on Android." Hamilton wrote that the mere use of "Appstore" by Amazon cannot be taken as a representation that its service is the same as Apple's. She said that Apple has failed to establish that Amazon made any false statement.
A trial on Apple's remaining claims is scheduled for August.