Apple’s false advertising claim against Amazon regarding the use of the term “app store” has been rejected by a US judge.

Reuters reports that Judge Phyllis Hamilton wrote that the use of the “Appstore” name by Amazon cannot be taken as a representation that it is the same service as Apple’s App Store.

“Apple has failed to establish that Amazon made any false statement (express or implied) of fact that actually deceived or had the tendency to deceive a substantial segment of its audience,” Hamilton noted.

Apple accused Amazon of misusing the ‘app store’ term to gain developers for its Amazon Appstore for Android download service, launched in 2011. However, Amazon argued that the term App Store has now become so generic that it does not constitute false advertising.

A trial regarding a number of other claims made by Apple against Amazon — including trademark infringement — is due to take place in August.