It’s official. The term “App Store” is no longer exclusive to Apple.

The development resulted from Apple’s claims of false advertising against, who used APP STORE to describe its mobile software download service for Kindle. A U.S. District judge in California granted Amazon a partial summary judgement, saying the term “App Store” is so widely used, it is considered generic.

Judge Phyllis Hamilton wrote, “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.”

In its argument, Amazon pointed out that Apple CEO Tim Cook and even Steve Jobs used the term to describe the competitive app download services.

The case, Apple Inc v. Inc et al, U.S. District Court, Northern District of California, No. 11-01327 includes allegations of trademark infrigement. The trial is scheduled for August 2013.