off the Press - News & Commentary
Keith Benicek, Editor
Inc. sues Apple Computer, for Trademark Infringement
August 28th, 2003
In a press release
Thursday, Tibco alleged that Apple began using the Rendezvous name,
eight years after Tibco began using it, with the intention of trading
on Tibco's goodwill and harming Tibco's business. Tibco also said Apple's
Rendezvous networking technology has functions similar to Tibco's Rendezvous
software, which enables interoperability between different computer
28, 8:01 am ET
PALO ALTO, Calif., Aug. 28 /PR Newswire-FirstCall/ --
Software developer TIBCO Software Inc. (Nasdaq: TIBX) announced today
that it has filed suit against Apple Computer, Inc. for trademark infringement
of TIBCO's RENDEZVOUS(TM) and TIBCO RENDEZVOUS® marks. The suit,
filed in the District Court for the Northern District of California,
alleges that Apple has carried out acts infringing on TIBCO's trademarks,
with the intention to trade on TIBCO's goodwill and harm TIBCO's business.
TIBCO seeks remedies for the competitive and economic harm caused by
TIBCO Software is a leading developer of software that enables real-time
business by creating interoperability between diverse computer systems.
In the lawsuit filed
yesterday, TIBCO alleges that Apple has engaged in trademark infringement
and unfair conduct. In its complaint, TIBCO states that it has been using
its RENDEZVOUS trademark since 1994 and its TIBCO RENDEZVOUS mark since
2000 in conjunction with its software, and that TIBCO has expended considerable
effort and money in the development and promotion of its software under
its RENDEZVOUS marks. TIBCO alleges that when Apple began using the trademark
RENDEZVOUS in 2002 for software closely related to TIBCO's RENDEZVOUS
software, it was already aware of TIBCO's RENDEZVOUS marks for related
"Rendezvous has been a TIBCO mark for many years and is one of our
flagship products," said George Ahn, chief marketing officer, TIBCO.
"For quite some time we have tried to reach an amicable agreement
but, given Apple's continual refusal to honor our trademark, we have been
forced to take action."
is obviously one with monitary motive behind it, as TIBCO has had little
success promoting their product during the last eight years. After
this announcement, TIBCO stock, traded on Nasdaq, was up and their ratings
changed by Buckingham Research from Accumulate to Strong Buy.
With Apple acting
a lot like Microsoft these days, I have to say I like to see the tables
turned on Steve Jobs.