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[The Faceless Master]

Online computer and peripheral retailer TigerDirect has filed suit against Apple claiming Mac OS X 10.4, known as "Tiger," infringes on its trademarked name. According to court filings obtained by Bloomberg, TigerDirect is seeking an injunction to stop Apple's new operating system from going on sale.

The lawsuit, filed in Miami, Florida, also claims that Apple engaged in deceptive and unfair trade practices. TigerDirect says Apple's use of Tiger "is causing confusion, mistake and deception among the general purchasing public."

The retailer owns trademarks on Tiger, TigerDirect and TigerSoftware, which appear in 25 million catalogs each year.

Source: Betanews

 

[Teknopathetic]

I refuse to defend Apple, so thusly, GO TIGER DIRECT.

 

[LinesInTheSand]

Apple should be suing TigerDirect... the name Tiger being associated with TigerDirect can only hurt Apple's business... the people who run TD are a dirty bunch of scamming cocksuckers...

 

[Smiles and Cries]

I never heard of a TigerDirect

:lol

 

[Dr.Guru of Peru]

God damn TigerDirect. I dont care what this is about, I hope they lose.

 

[The Faceless Master]

I never heard of a TigerDirect

:lol

Tigerdirect is notorious for selling refurb stuff as new, and just plain selling non-working shit

 

[DarienA]

I never heard of a TigerDirect

:lol

You've never been on their mailing list? Wow I thought they'd gotten everybody in the entire world at some point...

 

[SteveMeister]

Apple's trademark (and they DO have one) is for "Mac OSX Tiger". There's no case here.

That said, Apple DID have to change the name of their Ethernet communications protocol from "Rendezvous" to "Bonjour".

 

[DarthWoo]

How the heck did the register the Tiger trademark? Wasn't there some company a while ago called Tiger that made all those cheapo LCD handheld games based on real video games?

 

[ge-man]

Could this even fly? How do you trademark the word Tiger?

 

[Lil' Dice]

I hear Tigers everywhere are in an up-roar......zaaang!

 

[Jill Sandwich]

Tiger Telematics should sue too, and Tiger cat food, and Tony the Tiger, and Esso, and Tygra, and Tigger, and...

 

[Agent Dormer]

Stupid lawsuits, no case, yay!

 

[Pochacco]

"GRRRRRRREEEEEEEEEEEEEEE...where's my fucking share!"

 

[StoOgE]

wouldnt be so fast to dismiss this.. apple did just lose an assload of money to the Beatles estate over something similar.

 

[teh_pwn]

And Apple didn't do anything when everyone started taking the iSUCHANDSUCH naming convention.

 

[AntoneM]

I thought the iSUCHANDSUCH was around before Apple started using it.

 

[Jim Bowie]

No case.

Legal title is Mac OSX 10.4 Tiger, Not Tiger.

LOSE

 

[Hitokage]

Furthermore, I doubt TigerDirect trademarked the term "Tiger" in the market of operating systems, unlike Sony, which made sure to trademark "PS2" regarding stuff from panties to cat of nine tails.

 

[demi]

Tigerdirect is notorious for selling refurb stuff as new, and just plain selling non-working shit

i got my kewl pc case from then when i bought a barebones set from them...

i eventually sold everything else but the case and got all new shit

 

[Smiles and Cries]

Why did they wait the day before the release when the "Tiger OS" has been in the works for over a year?

regardless TigerDirect is about to get ripped a new one by angry Apple fans.

in other news: my copy of Tiger is at a FedEx office near me to be delivered in the morning

 

[SuperPac]

I like how TigerDirect's complaint really comes down to being upset because they're no longer in the top three results on google when you search for Tiger.

 

[fse]

Apple Co. will win this case.

 

[jenov4]

Game.com would beg to differ.

Shamelessly taken from Willco's locked thread over at the gaming forum. :lol

 

[Firest0rm]

TigerDirect rox!! They just upgraded my computer for me. I hope they win!

 

[Pochacco]

 

[Smiles and Cries]

TigerDirect rox!! They just upgraded my computer for me. I hope they win!

More like going out of business if they don't STFU

 

[Firest0rm]

More like going out of business if they don't STFU

Well if they go out of business maybe they'll clear out hteir stock? I can get a good gfx card to complete my new upgraded computer!

 

[shantyman]

Why did they wait the day before the release when the "Tiger OS" has been in the works for over a year?

Let me think... PUBLICITY STUNT.

 

[Kung Fu Jedi]

wouldnt be so fast to dismiss this.. apple did just lose an assload of money to the Beatles estate over something similar.

Did they settle this? I've never heard that they paid anything out to the Beatles, just that they were suing Apple for getting into music, as the Beatles record label is Apple Music. Apparently the two companies had an agreement on using the Apple name, with the Beatles saying it was of for Apple Computers as long as they stayed out of the music industry. Decades later, the iPod and iTunes music store open, and *bam* lawsuit. Last I heard though, it wasn't settled yet, let alone that Apple had paid an "assload" of money to the Beatles.

TigerDirect has no case here. Someone else tried to sue Apple when OS X first came out because they also had an operating system called OS 10. The trademarked name was Mac OS X and the case was thrown out pretty quickly. This is actually one of the dumbest lawsuits I've seen in awhile, considering no one would ever confuse the Apple Operating System with a piece of crap online junk retailer.

 

[maharg]

Did they settle this? I've never heard that they paid anything out to the Beatles, just that they were suing Apple for getting into music, as the Beatles record label is Apple Music. Apparently the two companies had an agreement on using the Apple name, with the Beatles saying it was of for Apple Computers as long as they stayed out of the music industry. Decades later, the iPod and iTunes music store open, and *bam* lawsuit. Last I heard though, it wasn't settled yet, let alone that Apple had paid an "assload" of money to the Beatles.

There was money involved in the first settlement that resulted in the agreement years ago iirc. Dunno about the recent case since they put out iTunes.

 

[xsarien]

The only mail order place that's any shadier than TigerDirect is buy.com. I hope those dim assholes go under, I've never had a company give me such a hard time over returning something in my life.

 

[xsarien]

There was money involved in the first settlement that resulted in the agreement years ago iirc. Dunno about the recent case since they put out iTunes.

The first settlement - I believe - hinged on the fact that Apple Records (aka, home of The Beatles) would leave Apple Computer alone as long as the latter never got into the music business. As far as my knowledge of the timeline goes, this took place during Gil Amelio's time as CEO of the company.

I know that the case is back in play ever since the iPod and, more importantly, iTunes Music Store came about, but I don't know precisely what's going on. I'd imagine that there are talks going on, but of the super-secret variety.

 

[Kung Fu Jedi]

Knowing Jobs, the case will probably be settled out of court, and the iTunes Music Store will become the exclusive online store for all Beatles Music.

 

[Raistlin]

I think this is just a case of scrambling to sue anyone you can before tort reform becomes a reality.

 

[Phoenix]

Tort reform doesn't stop lawsuits (it can't - would violate constitutional due process and be struck down).

 

[Drozmight]

This makes sense.

McDonalds successfully sued a hotel called MacGrady's (something like that) for using "Mac" in its name.

 

[Smiles and Cries]

UPDATE

A judge has denied a request by computer retailer TigerDirect for a preliminary injunction against Apple Computer over allegations that Apple's nickname for its new operating system, "Tiger," infringes on the retailer's trademarked name.

The ruling was part of a 56 page opinion handed down on May 11th by Judge Joan Lenard of the United States District Court for the District of Florida. After weighing arguments from both sides, the Court found that "there is greater risk of damage to Apple from granting the injunction than any potential harm to TigerDirect from Apple's use of Tiger marks."

In the suit, filed last month, TigerDirect argued that Apple's use of the Tiger name alongside its Mac OS X 10.4 operating system was causing "confusion, mistake and deception among the general purchasing public." Specifically, the retailer contended that Apple's use of the name "Tiger" on the Internet had knocked it from the top of search results on Google, Yahoo and MSN.

TigerDirect's original motion for a preliminary injunction requested the court enjoin Apple from using the term "Tiger" in any matter -- a request that, if fulfilled, could have halted Apple's roll-out of the Mac OS X 10.4 operating system. However, at the May 5th preliminary injunction hearing, TigerDirect narrowed its request and asked the court to bar Apple from using the Tiger mark in any manner except in direct proximity to Mac OS X or Mac OS X 10.4.

To lessen the harm to Apple, the retailer said Apple could still use previously paid for advertising and promotion materials, but requested the Cupertino, Calif-based computer maker cease from using the Tiger mark anywhere on its web site or in any new advertising, signage, or packing; except when pertaining specifically to Mac OS X 10.4.

During the hearing, both parties provided slide presentations as exhibits. Apple also called Philip Schiller, Senior Vice Present of Worldwide Marketing, as a witness. Schiller was reportedly present when Apple selected the "Tiger" nickname for Mac OS X 10.4 and testified that Apple had no intention of trading on the goodwill built up by TigerDirect. He said Apple, over the last several years, had engaged in a practice of naming updates to Mac OS X after large predator cats in order to convey the strength and speed of the operating system.

Apple also entered into evidence a survey that revealed only 6% of consumers associated the name "Tiger" with TigerDirect. Meanwhile, the survey of 517 people showed that only 4 people associated the name "Tiger" with a company -- a result the Court found most interesting. Apple asserted that TigerDirect does not posses a protected family of Tiger marks, as defined by applicable trademark law, nor does it retain a valid Tiger mark for computer goods.

Furthermore, Apple disputed that its own use of 'Tiger' is confusingly similar to TigerDirect's use and provided evidence of over 200 federal registrations of marks containing the term "Tiger" -- including 24 companies, other than TigerDirect, which employ Tiger marks to promote computer products and services.

The Court ultimately sided with Apple, agreeing that TigerDirect was unable to meet the burden of proof necessary for a preliminary injunction to be granted.

"Turning to the overall impression created by the marks, in the context of each party's use thereof, the Court finds that the marks are distinctly different," Judge Lenard wrote in her opinion denying TigerDirect's motion. She said Tiger marks are frequent in the computer industry and that she saw no evidence that Apple adopted the Tiger name in bad faith or that it has caused any confusion in the market place.

And while TigerDirect and Apple share an overlapping consumer base, Judge Lenard said "any given customer who cross-shops TigerDirect and Apple, whether over the internet or in person at their retail local stores, will be able to distinguish their respective retail outlets due to the distinctive differences in their marketplaces' appearance and messages."

According to court documents, over the last year Apple has spent over $50 million to orchestrate a carefully planned marketing campaign and product launch of Mac OS X 10.4.

:lol

 

[Phoenix]

If only we had a 'loser-pays' system for these sorts of cases.....

 

[Deku Tree]

Grrrr.

 

[Orin GA]

The lawsuit, filed in Miami, Florida........

Thats all i needed to see

 

[xsarien]

Nice. The only thing this story needs is a nice post-script about how Apple won't let TigerDirect distribute copies of OS X.

 

[Lord Error]

I thought the iSUCHANDSUCH was around before Apple started using it.

Was it? I don 't remember anything named like that before iMac.