Amazon slams Apple's "false advertising" claims is trying to get a claim made by Apple that it has been making false advertising by using of the “app store” name chucked out of court.

According to Reuters,. in March last year Apple accused Amazon of misusing its “App Store” name to solicit developers for a mobile software download service.

Amazon announced the launch of the Kindle Fire tablet and began to call its app store “Amazon Appstore”. Apple said this change could have contributed to “confusion” among consumers.

But a US District Court in Oakland, California, was told yesterday that the term “app store” has become so generic that its use could not constitute false advertising.

Amazon briefs said that Apple Chief Executive Tim Cook and his predecessor Steve Jobs have used the term to discuss rivals, with Cook having commented on “the number of app stores out there” and Jobs referring to the “four app stores on Android“.

Amazon said that Apple could not contend that its past and current CEOs made false statements regarding to those other app stores to thousands of investors in earnings calls.

It is calling for the Apple case to be dropped.