Apple Sued Over Rendezvous Trademark 97
bdsesq writes "The Register is reporting that Tibco is suing Apple over the name 'Rendezvous'. Tibco has owned the name since 1994. It seems that Apple doesn't want to pay what Tibco wants."
There are two major products that come out of Berkeley: LSD and UNIX. We don't believe this to be a coincidence. -- Jeremy S. Anderson
Re:seems clear cut to me - flamebait? (Score:1)
Let he who read all the articles throw the first stone
(lots of slashdotters mumbling behind their false beards and looking at their feet, half crazed AC jumping and shouting "Bill Gates, Bill Gates, Praise the Lord")
And anyhow, it is not as muddied as some think.
Whatever the differences between the two rendezvous thingies, they share something very important for both companies, which is making it easy for different computers to talk to each other.
That's a lot more confusing
Clueless (Score:2)
http://www.tibco.com/solutions/products/active_
Re:seems clear cut to me (Score:1)
Of course, "ZeroConf" is a more descriptive name than "Rendezvous", but that
Re:seems clear cut to me (Score:1)
Rendezvous? (Score:5, Interesting)
Re:Rendezvous? (Score:4, Informative)
it's not like you can start making apple computers and except apple to stay out of your biz.
Re:Rendezvous? (Score:2)
Re:Rendezvous? (Score:5, Informative)
Re:Rendezvous? (Score:1, Funny)
Unlike writing "fucktard."
Re:Rendezvous? (Score:4, Funny)
Re:Rendezvous? (Score:4, Funny)
my foot having a rendez-vous with your ass, sacrebleu.
Re:Rendezvous? (Score:2, Funny)
Re:Rendezvous? (Score:1)
Re:Rendezvous? (Score:4, Informative)
Re:Rendezvous? (Score:3, Informative)
Exactly, but that's why you can open a Macintosh Restaurant or sell Apple Jeans. When you operate in a completely different business, there can be no confusion and hence no trademark infringement. Now, it's up to the jury to decide whether "business messaging" and "zero-configuration networking" are completely different - or not. Methinks they are.
Re:Rendezvous? (Score:1)
Customer : "Howdy, I need a new laptop, and my company's IT guy said it needed rendezvous. Does this one have rendezvous?"
Naive/Evil sales guy : "Uh, yeah. You should probably buy that."
Of course they can. English words too! (Score:4, Funny)
But NOT Apple, for pie!
Like Be, for operating systems. But probably NOT for philosophical services.
So long as the mark is used in a distinctive, non-descriptive fashion, the mark can become proprietary on the day it is first used in commerce.
Re:Of course they can. English words too! (Score:3, Informative)
http://www.macnn.com/news/19643&startNumber=33
Seems that in 1981 Apple (Computer) had promised Apple (Records) that they wouldn't go into the music business so that they wouldn't drag the young Apple (Computer) to court.
Re:Rendezvous? (Score:3, Informative)
The commonality of the word is not the issue. If you're unsure, try creating a piece of software and call it "Windows".
The issue is whether the two similarily-named products can be confused with one another; for my money (IANAL), the answer is no. This reminds me a lot of the whole Microware OS-9 lawsuit [cnn.com] from three years ago. I hardly think Apple ha
Re:Rendezvous? (Score:3, Informative)
The correct way to write it is "rendez-vous".
I'm pretty sure Apple did that on purpose.
Re:Rendezvous? (Score:1)
It never fails, someone is always trying to correct my French...
Can't you see I am trying at least?
French people can be so arrogant sometimes ;o)
Before I get clubbed for saying something rude about French people, hint: It's a joke!
Re:Rendezvous? (Score:2)
Re:Rendezvous? (Score:2)
Re:Rendezvous? (Score:1)
Humph... seems obvious (Score:5, Insightful)
After all, wasn't this case sort of settled with the battle of Apple Records versus Apple Computer - there's not likely to be confusion in the products, and the Apple Records name had a hell of a lot more influence than Tibco does now.
A couple more news stories on this, more reputable but not much more information:
http://www.smartmoney.com/bn/ON/index.cfm?story=O
http://www.pcpro.co.uk/?http://www.pcpro.co.uk/ne
Re:Humph... seems obvious (Score:3, Interesting)
Rendezvous is mainly a networking/peripheral configuration system, but it does possess messaging components via iChat [apple.com], so it's possible a judge could see significant overlap between the two products.
Re:Humph... seems obvious (Score:3, Informative)
I have a feeling that
a) the Judge will be telling Apple to pay a lot of money
b) Apple will pony up some cash.
Re:Humph... seems obvious (Score:1)
Re:Humph... seems obvious (Score:5, Informative)
Actually, this is a little inaccurate. Rendezvous does not have messaging components. Nor does Rendezvous use iChat for messaging.
Rather, it is iChat that uses Rendezvous services to discover who is on the network, and then lists those people accordingly. In a very basic summation, all Rendezvous does is check out a network and see what is available for networking, and then makes that information available for other programs to use.
If Rendezvous does have user-to-user messaging capabilities built into it, then I would agree that Tibco has a case. Nonetheless, even if Tibco didn't want to, they would still be required to sue Apple based on current copyright/trademark laws. They must defend their trademark and demonstrate efforts of having done so. Not doing so invalidates their trademark and makes it available for everyone to use. (This is why you see McDonald's suing some small restaurant now and then over the "McDonald's name. They aren't trying to be mean, they have to do this or they lose their trademark.) Let's face it, if you're going to sue, you might as well ask for money. At the very least, it covers your legal fees if you win.
It will probably go to court, unless Tibco is doing this to get free money. Should it go to court, the finding will most likely be that Tibco's product is a messaging system like iChat, and not a network discovery service like Apple's product, and therefore there is no market overlap between the two products. Thereby, there is no trademark infringement.
At the very least, this is free press for Tibco -- this is the first time I ever heard of them.
Re:Humph... seems obvious (Score:2)
But since this is a trademark, the point isn't the underlying technology, but brand confusion for consumers. If I go into iChat, I see a window labelled 'Rendezvous' that lets me talk to other users on my network. And now you tell me that Tibco's product, Rendezvous, is a messaging system that lets users on the network talk to each other? T
Re:Humph... seems obvious (Score:2)
Either way, in the end it will be decided in the courts. It will be interesting to see what the outcome is.
Simple solution (Score:5, Funny)
Re:Humph... seems obvious (Score:1)
Now I can see Apple winning this case with their fingers in their noses, but just imagine suddenly having to explain that no, your product is not that thingy from Apple. Not a nice situation.
I fail to see how the technicalities (messaging versus networking) come into play. If it confuses Tibco's clients and prospects, they should be able to make at least half a case.
BTW I don't
Re:Humph... seems obvious (Score:1)
I am an Apple fan, and I doubt that anyone would confuse Apple's Rendezvous with enterprise integration software that costs hundreds of thousands of dollars, but it
Re:Humph... seems obvious (Score:2, Informative)
Here's some good info [macobserver.com] on the company, and what this is all about.
Re:Humph... seems obvious (Score:2, Insightful)
Re:Humph... seems obvious (Score:1)
My prediction? This is exactly the name they'll change their "Rendezvous" software to, in order to settle the suit. Hmmmm. Time will tell.
not so obvious (Score:1)
Zerconf is a standard, Rendezvous is one implementation of that standard. So Rendezvous provides a set of APIs and services that can be used in software products.
Hence to simply name it the underlying standard would probably end up being confusing and misleading. That's why Apple's rendezvous
No confusion (Score:5, Insightful)
No case. Five gets you ten the case never goes to court.
Re:No confusion (Score:3, Interesting)
Re:No confusion (Score:1)
Re:No confusion (Score:2)
Re: (Score:2)
Different kind of messaging (Score:3, Informative)
Re:No confusion (Score:2)
It is at least enough to start a case. You could probably tell from context which Rendezvous was being discussed, but it could get close...
As for it not going to court: I agree. It'll be settled out of court most likely.
Re:No confusion (Score:5, Funny)
As someone who's had to struggle with (Tibco) Rendezvous documentation, let me assure you that confusion is very likely even if you've never even heard of Apple's Rendezvous.
wrong (Score:1)
Think for a second of a non-computer nerd: s/he knows nothing about zero configuration blah blah software _or_ "enterprise blah-blah-ware". One network software that doesn't require you to put in those funny number thingies to do things like chatting. The other one lets y
Re:No confusion (Score:2)
Re:No confusion (Score:2)
Actually, that's backwards. It's not so important to current customers as it is potential customers.
CEO: What do we use?
CIO: Rendevouz!
CEO: That thing that helps the Mac print??
CIO: No, that messaging software from Tibco.
CEO: Who the hell is that? Probably trying to get in on Apple's popularity. Let's use MS Exchang
Never Mind That (Score:4, Informative)
The oldest being Mother's Cake & Cookies Co. (1966)
Re: Apple Sued Over Rendezvous Trademark (Score:4, Interesting)
Re: Apple Sued Over Rendezvous Trademark (Score:1, Funny)
Losers.
Whats with that name, anyway... (Score:3, Funny)
Re:Whats with that name, anyway... (Score:2)
Re:Whats with that name, anyway... (Score:3, Funny)
That's OK, you can't even spell "say". Or "can't" for that matter.
Incidentally, it's pronounced "Ron-day-voo". If you want to put a proper French sound to it, roll the "R"
Re: misspelling (Score:1)
The fact that he made 'sey' BOLD doesn't tell you that was a joke? Get it? the -de- in rendezvous is pronounced like the ey in sey?
Of course, he makes more fun of you by thanking you for your assistance...good stuff. :-)
Re:Whats with that name, anyway... (Score:1)
Looks like a cash shakedown to me (Score:3, Informative)
Re:Looks like a cash shakedown to me (Score:3, Informative)
(1) Any person who shall, without the consent of the registrant--
(a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or
Now I am not sure that it causes confusion but it clearly covers distribution also
Re:Looks like a cash shakedown to me (Score:2)
Capital has nothing to do with it (Score:2)
Tibco actually probably has a case here. I'm not saying it's right, but a messaging application and a network protocol are probably close enough to cause co
Re:Capital has nothing to do with it (Score:1)
IT Employee: "I saw the word Rendezvous on Mac OS X 10.2's ad in time magazine, did no research whatsoever on the product and was
Re:Capital has nothing to do with it (Score:2)
Well, that's what the court will have to decide. I'm not saying you're wrong, but that is the question: Is a lay-person, even one in the field, going to get them confused?
As for Tibco, I have heard of them. I don't know much about them, but I've heard of them. If I had seen their product ad or whatever for "Rendezvous", the first thing I would think would be Apple's technology. I
Correction (Score:5, Informative)
Actually, that should read Tibico claims to have been using the name since 1994. Not owns. It is not a registered trademark, they merely applied for it. The process is not complete. In fact, they only filed for it May 21, 2003.
Tibico's Rendezvous [uspto.gov]
Apple filed for the name Rendezvous on May 6, 2002.
Apple's Rendezvous [uspto.gov]
Do I think this will really be a problem for Apple? No more than OS-9 and Mac OS 9.... at least those were both Operating Systems, in some sense.
Re:Correction (Score:2, Informative)
br.
"Computer software and associated documentation to assist in data communication in networked computing systems using client-server and peer-to-peer communication techniques."
Re:Correction (Score:1)
Tibco filed for it on May 20, 2002. Apple filed for it May 6, 2002. Yet Tibco was granted the trademark on March 4, 2003. Apple has yet to be granted the trademark. However, it was filed for opposition on July 8. My understanding [uspto.gov] is that after it is filed for opposition, other companies (i.e. Tibco) have 30 days to oppose.
I'm not sure why Tibco's trademark was registered before Apple's, when Apple applied for it first.
Re:Correction (Score:1, Informative)
Tibco filed for "Tibco Rendezvous" on May 20, 2002 and was registered on March 4, 2003.
Tibco then filed for "Rendezvous" on May 21, 2003 and has not been assigned an attorney yet.
As you mentioned, Apple filed for "Rendezvous" on May 6, 2002 and is currently published for opposition.
So "Tibco Rendezvous" is registered but plain "Rendezvous" is still being contended with Apple ahead in the review process. I'm not sure how this affects Tibco's case but if they applied for "Rendez
Re:Correction (Score:1)
Anyhow if you go to USPTO [uspto.gov] and select a search collection of "trademarks" - and do a basic search for Rendezvous...
Apple's will be the 5th one down, Tibico's the 9th (Be amazed by how many people have registered or tried to register Rendezvous for all sorts of things - 137 records contain Rendezvous! and this has less records than a lot of stuff, probably because its too hard for most consumers to spell...)
However, neither App
Rendez vous! (Score:2, Funny)
Now, before you make jokes about France and surrender, I'm not French!
Apple has done this before... (Score:4, Interesting)
I'm not sure if it was because of Tenon that Apple changed it to ".Mac" but it was a pretty shitty thing to do to Tenon. iTools is a great product.
Once again, let's not jump to any conclusions! (Score:4, Funny)
In fact, there are lots of ways that these things happen, and most of them are documented in the 1998 book, Hoo Boy! Here We Go Again!: Apple's Purity Explained To Its Critics Again by the Apple Board of Directors (with a foreward by the Virgin Mary). Time and again, when viewed through any objective lens, the bottom line turns out to be that Apple is incapable of wrong, and that covers both earthly and heavenly law. If the space-time continuum puckers just long enough for an exception to this rule, the elephants who bear the world on their shoulders will have sneezing fits, so don't even go there.
Re:Once again, let's not jump to any conclusions! (Score:2)
Bah (Score:2, Interesting)
They can't have been blind to the boatload of free advertising for their otherwise invisible product that such a move would garner. The legal fees are much cheaper than an ad campaign.
Pop Quiz (Score:1)
1. Name one Tibco product that uses Rendezvous.
2. Name one Apple product that uses Rendezvous.
Common use is another thing (Score:1)
For those who don't, the point is this: even if Apple is forced to change the name, "Rendezvous" at this point is probably pervasive enough to still be called that by the people who use the products that use Rendezvous.
On the other hand, Xerox is a registered trademark. Can anyone xerox this document for me? The Canon photocopier is in the next room.