TIBCO CEO Hanoch Shalit (10/2/03)
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Time for an update on what we're sure history will prove to be the ultimate lawsuit of this millennium: Apple's epic struggle against TIBCO! For those of you who need a refresher, you are no doubt already aware that Apple's zero-configuration TCP/IP discovery-and-connection technology introduced with Mac OS X 10.2 is called Rendezvous. Well, TIBCO just happens to have its own product called Rendezvous, which is not only in the same general category as Apple's thingy (computer networking software), but has also held the "Rendezvous" registered trademark in the U.S. since 1994. Apple refused to comply with TIBCO's demands that it rename Jaguar's Rendezvous to "I Can't Believe It's Not AppleTalk!" and therefore got slapped with a trademark infringement lawsuit.

Now, maybe it's just us, but we're starting to see certain similarities between TIBCO vs. Apple and what history has proved to be the ultimate lawsuit of the last millennium: Apple's epic struggle against Imatec, who claimed that ColorSync infringed its patents. If you followed that case, you might recall that at one point Imatec took a short break from hassling Apple to commence the incredibly endearing strategy of shaking down end-users of ColorSync as if they were on trial, too. Well, guess what? MacNN reports that an Australian software developer just got a nasty note from TIBCO's lawyers because he mentioned Apple's Rendezvous in his marketing materials for an iChat plugin. (Since AtAT has already mentioned "Rendezvous" a whopping six times in just this one scene, we can only assume that TIBCO will be banging down our door next. Bring it on, Short Round.)

Similarity Number Two: a certain financial shadiness surrounding the plaintiffs. Early on in the Imatec suit, Mac fans discovered that the company had been busted for the illegal sale of stock and were associated with an investment bank that the feds had shut down for fraud. Well, there's nothing quite so dramatic with TIBCO, but Macworld UK notes that "the company has been named in a putative class action... for violating federal securities laws in the way it conducted its IPO." Now, we should probably mention that TIBCO's IPO happened in 1999 at the height of the dotcom craziness and no fewer than three hundred U.S. companies are named in that class action, but still, the faint whiff of economic impropriety brought Imatec to mind.

The parallels are astounding, no? For its part, Apple is no doubt hoping that the similarities don't end there; you probably remember that the Imatec suit was laughed out of court, and not only did Apple prevail, but Imatec also lost all of its patents in the process. So if TIBCO follows in Imatec's footsteps, eventually Apple will get all rights to the Rendezvous name and TIBCO will have to rename its product "FailedGrabForCash" or "New Coke" or something. Stay tuned...

 
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And Now For A Word From Our Sponsors
 

From the writer/creator of AtAT, a Pandemic Dad Joke taken WAYYYYYY too far

 

The above scene was taken from the 10/2/03 episode:

October 2, 2003: Sources report that Panther has gone gold and should hit shelves in three weeks' time. Meanwhile, the TIBCO trademark infringement suit sprouts some noteworthy similarities to another intellectual property tussle in Apple's recent past, and Silicon.com names Steve Jobs the cream of the agenda setter crop...

Other scenes from that episode:

  • 4243: Three Weeks 'Til Panther (10/2/03)   Still holding out hope for a surprise Mac OS X 10.3 launch tomorrow to coincide with the 10/3 date? Congratulations, you've officially driven right through the city of Optimism and crossed the town line into Delusionville (population: you-- and an imaginary howler monkey named "Jim-Bob")...

  • 4245: Yeah, Set THIS Agenda, Pal (10/2/03)   He may only be tied for fifth-best-dressed billionaire, but evidently Steve Jobs is one serious agenda-setter. The man can set an agenda like nobody's business. Complex agendas? Ooooh, yeah-- the agendas he sets would turn your hair white, were you ever fool enough to consider trying to set them yourself...

Or view the entire episode as originally broadcast...

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