Microware to Sue Apple Over OS 9 Trademark

Microware, developers of OS-9 — a Real-Time Operating System (RTOS) for embedded designs — are readying a lawsuit against Apple Computer, Inc., for illegal use of their "OS-9" trademark in the Mac OS 9 product name, industry sources recently told AppleInsider.

Though no papers have been served to date, the word on the street is that Microware's lawyers contacted Apple late last week, warning of their intent to sue. Since then, Apple has hurriedly been readying a second release of their Mac OS 9 Operating System under a new name, which is currently unknown.

This release, complete with updated documentation and promotional packaging to reflect the new name, would be used in the event that Apple was unable to ship the major system upgrade under its current title.

Apple's Mac OS 9 and Microware's OS-9 are both operating systems that run on the PowerPC processor, but they are totally different products that do not compete with each other in the open market. However, these facts alone may mean little in a case that would be based around Apple's use of the trademark, Microware's right to protect it, and how its use would cause confusion among customers in the marketplace.

Representatives at Microware would not officially confirm that they planned to sue the computer maker, but did acknowledge that they were exercising their legal options and to "expect an announcement sometime soon." Additionally, at the time of our inquires, Microware representatives had begun to compile a list of contact information to notify interested press and investors when they do make the announcement, assuming the issue will not be settled outside of court.

Rumor has it that Microware's lawyers have instructed the company to keep a tight lip regarding the issue, as they have been receiving many calls about the potential conflict. In these kinds of situations, a lawsuit is not typically filed until after the offending product has begun to ship, but since Apple has now officially announced the System Upgrade, sources warned of a slightly altered turn of events.

"Obviously whenever there is an issue of one company using another company's trademark, you are going to see some form of action to protect against that," one Microware representative told AppleInsider correspondents. Apple Computer, Inc., has a policy of not communicating with rumor-based publications, and hence declined to comment.