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March 31st, 2000

[2:00 PM] Microware To Appeal OS 9 Trademark Lawsuit
by Staff

Apple continues to find itself in the midst of legal controversy. Microware Systems, which had the OS-9 name trademarked in 1989, is going to appeal a recent Iowa court decision that ruled Apple could continue to use the OS 9 name for the Macintosh operating system. According to Microware:

In a move designed to protect its intellectual property rights, Microware Systems Corporation announced today it would appeal the United States District Court for the Southern District of Iowa's March decision to allow Apple Computer, Inc. to continue using Microware's registered trademark OS-9®.

Microware received federal trademark registration for OS-9 in 1989 and was subsequently granted incontestable status for the registration. Apple started using "Mac OS 9" in 1999.

You can find more information at the Microware Systems web site.

The Mac Observer Spin: All of this reeks of marketing strategy by Microware. It is highly unlikely that anybody will confuse an embedded OS with a GUI based desktop OS.

Embedded Systems, Inc. says "Hey, we need an OS for our new Embedded Widget! Hey Johnny, can you sheen down to the CompUSA and pick something up?" Johnny comes back in 45 minutes with a white and red box of Mac OS 9 and says "Hey, is this the right stuff?" It is simply NOT going to happen. You don't look for embedded OS solutions at the same place that you buy a desktop OS. This is a major simplification of why Apple won the initial suit in the first place.

Microware is either foolish or has enjoyed an enormous boost in exposure from the first suit and wants to keep it up.

With Apple's recent suits against other companies, it will see how this one plays out.

Microware Systems - Apple

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