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MacBytes
Jul 20, 2004, 07:49 PM
Category: News and Press Releases
Link: Apple files for OpenTalk trademark (http://www.macbytes.com/link.php?sid=20040720204938)
Posted on MacBytes.com (http://www.macbytes.com)

Approved by Mudbug

jimjiminyjim
Jul 20, 2004, 08:36 PM
It's too bad they're not keeping Rendezvous. It's such a cool name. OpenTalk is so... plain. Then again, it rings with Open Source, and that's what the rage is now - right?

bousozoku
Jul 20, 2004, 09:16 PM
Well, it's something different. Too bad they didn't just use OpenTransport. ;)

Nermal
Jul 20, 2004, 09:17 PM
Too bad they didn't just use OpenTransport. ;)

:eek:

jimjiminyjim
Jul 20, 2004, 09:27 PM
Right... and then when they're done with the OS X brand, they can just go back to OS 6 or 7 and rename spotlight to sherlock by OS 8 or so...

Oh and, off topic but...
Quick trivia: What generation iPod looks most like the 4G iPod?
Answer: 1st Generation.

iMeowbot
Jul 20, 2004, 09:50 PM
Oh great, they're doing it agagin. There is already a network protocol called Opentalk (http://www.cincom.com/downloads/pdf/OpentalkDevGuide.pdf). Nice way to make things clear.

So that's Rendezvous, Zeroconf, Opentalk, any others?

bousozoku
Jul 20, 2004, 10:52 PM
Right... and then when they're done with the OS X brand, they can just go back to OS 6 or 7 and rename spotlight to sherlock by OS 8 or so...

Oh and, off topic but...
Quick trivia: What generation iPod looks most like the 4G iPod?
Answer: 1st Generation.

Maybe they should call Spotlight Miss Marple or just Marple. :D

dashiel
Jul 20, 2004, 11:44 PM
Oh and, off topic but...
Quick trivia: What generation iPod looks most like the 4G iPod?
Answer: 1st Generation.

i beg to differ, the 2nd generation iPod is identical to the 1st gen, the only difference is the scroll wheel went from mechanical to electro-static.

nagromme
Jul 21, 2004, 05:07 PM
I do think OpenTalk is slightly better name in terms of being easier to remember what the heck it's for :)

jimjiminyjim
Jul 21, 2004, 06:28 PM
i beg to differ, the 2nd generation iPod is identical to the 1st gen, the only difference is the scroll wheel went from mechanical to electro-static.

My mistake. I thought the 2nd generation was when they added the 4 buttons.

Anyway... OpenTalk is taken... you know with as many patents as are out there, policies are going to have to change. The way things are going, pretty soon names are going to be trademarked. It'll be like getting an email from hotmail. I'm sorry, Jim123Apple3by3455 is taken, please try another name. Here are some suggestions: Jim1234Apple3by34555, 12345apple3byjim3455.

Alternatively, if you wish your baby to have a normal name, you may attempt to purchase rights to that name from (a href=www.powerfulcompany.com)The elitists(/a).

Does anyone else see this challenge in globalization and a way to stop it from hindering innovation? As the world gets smaller, people who notice that others have similar products/names will increase and... with spotlight, you'll be able to see every place that the term "apple" is used. The term apple will no longer be permitted as the name of a fruit (sure it has been in use for hundreds of years this way, but we must change the laws if our patent system is to function properly). You will no longer be permitted to rendezvous with your group. After all, rendezvous is trademarked!

Ummm... end partially understandable rant.

nuckinfutz
Jul 21, 2004, 09:42 PM
Oh great, they're doing it agagin. There is already a network protocol called Opentalk (http://www.cincom.com/downloads/pdf/OpentalkDevGuide.pdf). Nice way to make things clear.

So that's Rendezvous, Zeroconf, Opentalk, any others?

Doesn't matter who's using it now. If they didn't Trademark it then it is gone.


Opentalk is Apple's Trademark now (http://tess2.uspto.gov/bin/showfield?f=toc&state=8cu139.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl%7E%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=Opentalk&p_tagrepl%7E%3A=PARA2%24COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query)

More info (http://tess2.uspto.gov/bin/showfield?f=doc&state=8cu139.3.1)

Opentalk is plain Jane but they won't get sued over it.

iMeowbot
Jul 21, 2004, 10:23 PM
Doesn't matter who's using it now. If they didn't Trademark it then it is gone.
Registration is not sufficient to secure a mark. A similar situation occurred in 1987, when DEC registered the LANWORKS mark for its version of SMB networking. A small company from Canada was already selling remote boot firmware under the same name, without having registered with USPTO. Because of that, DEC were forced to rename their product line to PATHWORKS.

Actually the same thing happened with the Rendezvous name. Both companies registered the name after the dispute came up last year, but TIBCO's original use (and Apple's trademark infringement) happened before then.

See the USPTO's Basic Facts About Trademarks (http://www.uspto.gov/web/offices/tac/doc/basic/index.html) to get an understanding of how this works The second and third questions cover the important parts.