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Hot off the Press - News & Commentary
by Keith Benicek, Editor

TIBCO Software 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 systems.

Thursday August 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 Apple's acts.

TIBCO Software is a leading developer of software that enables real-time business by creating interoperability between diverse computer systems.

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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 software.

"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."

The 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.



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