Out-Law / Your Daily Need-To-Know

Tibco Software last Wednesday sued Apple Computer alleging that its use of the name 'Rendezvous' for its networking technology infringed Tibco's trade mark which the developer has used since 1994.

Tibco, which makes business integration software, uses the name Rendezvous for its messaging infrastructure, According to its own advertising, Rendezvous has "more than 1,000 customer installations worldwide, and support from leading vendors in all areas".

The lawsuit accuses Apple of trade mark infringement and unfair conduct. Apple has used the term 'Rendezvous' to describe its networking technology and done so since September last year.

Tibco complains that it was using the mark first, and has "expended considerable effort and money in the development and promotion of its software under its Rendezvous mark".

"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 honour our trade mark, we have been forced to take action."

So far Apple has not commented on the suit.

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